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Louisiana Political Corruption-2018
Defending Political Corruption and Abuse of Power Prosecutions in Louisiana Typical Types of Federal Prosecutions of Public Officials • 18 U.S.C. § 201- Public Bribery • 18 U.S.C. § 666- Theft or Bribery Concerning Programs Receiving FeDeral FunDs • 18 U.S.C. §§ 1341 and 1343- Mail and Wire fraud (honest services frauD) • 18 U.S.C. §§ 241 and 242- Deprivation of Rights anD Conspiracy Against Rights 18 U.S.C. 201- Public Bribery • Offering or promising something of value to a “public official,” or • A “public official” demanding, seeking, receiving, or accepting something of value • Corruptly with the intent to influence or be influenced in the performance of an “official act” (ie. bribery) • Or as a reward for an official act already done, or which is promised to be done in the future (ie. a ”gratuity”) 18 U.S.C. 201 • Who is a “public official”? • Per § 201(a)(1), “The term public official means Member of Congress, Delegate, or ResiDent Commissioner, either before or after such official has qualifieD, or an officer or employee of or person acting for or on behalf of the United States, or any department, agency, or branch of Government thereof, incluDing the District of Columbia, in any official function, unDer or by authority of any such Department, agency, or branch of Government, or a juror.” • IncluDes any feDeral employee or anyone who holds ”a position of public trust with official federal responsibilities” and who possesses “some degree of official responsibility for carrying out a federal program or policy.” Dixson v. UniteD States, 465 U.S. -
Edwin Meese Papers, 1941-1991
http://oac.cdlib.org/findaid/ark:/13030/kt358035d1 Online items available Inventory of the Edwin Meese papers, 1941-1991 Finding aid prepared by Aparna Mukherjee, revised by Hoover Institution Library and Archives Staff and Beth Goder Hoover Institution Library and Archives © 1991, 2013 434 Galvez Mall Stanford University Stanford, CA 94305-6003 [email protected] URL: http://www.hoover.org/library-and-archives Inventory of the Edwin Meese 91005 1 papers, 1941-1991 Title: Edwin Meese papers Date (inclusive): 1941-1991 Collection Number: 91005 Contributing Institution: Hoover Institution Library and Archives Language of Material: English Physical Description: 772 manuscript boxes, 2 oversize boxes, 1 envelope, 5 sound cassettes, 2 motion picture film reels(325.0 Linear Feet) Abstract: Speeches, correspondence, memoranda, reports, schedules, press releases, legal documents, printed matter, photographs, and sound recordings related to California politics and administration of the California state government during the governorship of Ronald Reagan; and to American domestic policy, Republican Party politics, and federal administration of justice during the presidency of Ronald Reagan. Digital copies of select records also available at https://digitalcollections.hoover.org. Creator: Meese, Edwin Hoover Institution Library & Archives Access The collection is open for research; materials must be requested at least two business days in advance of intended use. Publication Rights For copyright status, please contact the Hoover Institution Library & Archives. Acquisition Information Materials were acquired by the Hoover Institution Library & Archives in 1991, with increments received in subsequent years. Preferred Citation [Identification of item], Edwin Meese papers, [Box no., Folder no. or title], Hoover Institution Library & Archives. -
The Calculus of Public Corruption Cases: Hidden Decisions in Investigations and Prosecutions
Article The Calculus of Public Corruption Cases: Journal of Criminal Justice and Law: Official Journal of the Law and Public Policy Section Hidden Decisions in Investigations and of the Academy of Criminal Justice Sciences Volume 3, Issue 1, pp. 21‐36 (2019) Prosecutions ©University of Houston‐Downtown Kristine Artello and Jay S. Albanese I Abstract Acts of public corruption can undermine the rule of law and the legitimacy of the state. Holding public officials to the rule of law through the threat of prosecution is a crucial mechanism to give the law meaning in practice. In the United States, nearly all prosecutions for public corruption occur at the federal level, although many defendants in these cases are officials at the state and local levels of government. When corruption cases are brought, they usually result in a conviction via a guilty plea. However, making these cases is difficult, with only about a third of investigations resulting in actual criminal prosecutions, an outcome much different from those seen in white collar or organized crime cases. In this study, we seek to elicit the decision‐making processes that occur in corruption investigation and prosecution. On the basis of 40 interviews with former investigators and former prosecutors, it has been found that experience, access, resources, and institutional barriers are all challenges to successful investigations. At the prosecution stage, prosecutors face a somewhat different set of barriers, including implied legitimacy concerns, thresholds, and potential long‐term repercussions. Implications of these findings for policy and resources are discussed. Keywords Corruption, investigation, prosecution, decision making ___________________________________________________________________________ I L. -
Guarding the Public Interest
NYSBA WINTER 2011 | Vol. 13 | No. 2 Government, Law and Policy Journal A Publication of the New York State Bar Association Committee on Attorneys in Public Service, produced in cooperation with the Government Law Center at Albany Law School TThehe OOversightversight FFunction:unction: GGuardinguarding tthehe PPublicublic IInterestnterest • IInsurancensurance RRegulationegulation • IInspectorsnspectors GGeneraleneral iinn NNewew YYorkork MMunicipalitiesunicipalities • NNewew YYorkork CCityity DDepartmentepartment ooff IInvestigationnvestigation • EEthicsthics LLawsaws iinn NNewew YYorkork SStatetate • AAnn IInternationalnternational TTraderade ““Watchdog”Watchdog” • PPrivaterivate IIncentivesncentives • FFalsealse CClaimslaims AActscts • GGovernmentovernment IIntegrityntegrity • CCorruptionorruption PPreventionrevention aandnd GGovernmentovernment EEfficiencyfficiency NEW YORK STATE BAR ASSOCIATION The Committee on Attorneys in Public Service 2012 Annual Meeting Educational Programs and Awards for Excellence in Public Service Tuesday, January 24, 2012 Hilton New York Sutton Parlor North, 2nd fl oor, 1335 Avenue of the Americas (53rd-54th Streets) New York, NY Supreme Court Update (9:00 a.m. – 12:15 p.m.) This session will look back at the 2010-2011 term, the Justices, highlight the biggest decisions of the term and look ahead to the upcoming 2011-2012 term. Speakers: William D. Araiza, Professor of Law, Brooklyn Law School Jason Mazzone, Gerald Baylin Professor of Law, Brooklyn Law School New York Ethics Reform – Version 2.0 (2:00 p.m. – -
Supreme Court of the United States ROBERT F
No. 15-474 IN THE Supreme Court of the United States ROBERT F. MCDONNELL, Petitioner, v. UNITED STATES OF AMERICA Respondent. _____________ On Petition for a Writ of Certiorari to the United States Court of Appeals for the Fourth Circuit BRIEF OF AMICI CURIAE LAW PROFESSORS IN SUPPORT OF PETITIONER William W. Taylor, III ZUCKERMAN SPAEDER LLP 1800 M Street, N.W. Ste. 1000 Washington, DC 20036-5802 T: (202) 778-1800 [email protected] Counsel for Amici Curiae i TABLE OF CONTENTS Page TABLE OF CONTENTS........................................... i TABLE OF AUTHORITIES .................................... ii INTEREST OF AMICI CURIAE ............................. 1 SUMMARY OF THE ARGUMENT......................... 2 ARGUMENT ............................................................ 3 I. The Fourth Circuit’s Holding Conflicts with This Court’s Jurisprudence in Skilling and Citizens United......................... 3 II. The Fourth Circuit’s Opinion Is Squarely At Odds with Other Circuits’ Precedent. ...................................................... 7 III. The Fourth Circuit’s Opinion Will Significantly Impact Prosecutions and Representative Democracy Across the Country. ....................................................... 13 CONCLUSION....................................................... 15 ii TABLE OF AUTHORITIES Page(s) CASES Citizens United v. FEC, 558 U.S. 310 (2010) ............................................ 4, 5 McConnell v. FEC, 540 U.S. 93 (2003) .............................................. 4, 5 McCormick v. United -
Public Integrity Section (PIN) REPORT to CONGRESS on THE
REPORT TO CONGRESS ON THE ACTIVITIES AND OPERATIONS OF THE PUBLIC INTEGRITY SECTION FOR 1995 Public Integrity Section Criminal Division United States Department of Justice Submitted Pursuant to Section 603 of the Ethics in Government Act of 1978 REPORT TO CONGRESS ON THE ACTIVITIES AND OPERATIONS OF THE PUBLIC INTEGRITY SECTION FOR 1995 qJ J't ' Public Integrity Section CriminI Division U.S. Department of Justice Submitted Pursuant to Section 529 of the Ethics in Government Act of 1978 WFRODUCTION This Report to the Congress, prepared as required by Section 529 of the Ethics in Government Act of 1978, details the activities and operations of the Public Integrity Section and provides statistics concerning the nationwide effort against corruption for calendar year 1995. The Public Integrity Section was established in 1976. The Section was given the responsibility for overseeing the federal effort to combat corruption through the prosecution of elected and appointed public officials at all levels of government. The Section is also responsible for supervising the handling of investigations and prosecutions of election crimes. Its attorneys prosecute selected cases against federal, state, and local officials, and are available as a source of advice and expertise to prosecutors and investigators. The Public Integrity Section also supervises the administration of the Independent Counsel provisions of the Ethics in Government Act. In addition, the Section serves as the Justice Department's center for the handling of issues that may arise from time to time regarding public corruption investigations and prosecutions. The Section maintains a staff of approximately 25 to 30 attorneys including experts in election law, the laws prohibiting conflicts of interest and bribery, the Independent Counsel provisions, and the statutes providing federal jurisdiction over corruption at the state and local levels. -
Public Integrity Section (PIN) REPORT TO
REPORT TO CONGRESS ON THE ACTIVITIES AND OPERATIONS OF THE PUBLIC INTEGRITY SECTION FOR 1981 Public Integrity Section Criminal Division United States Department of Justice Submitted Pursuant to Section 603 of the Ethics in Government Act of 1978 I I, I I I. I I REPORT TO CONGRESS ON THE ACTIVITIES D OPERATIONS OF THE PUBLIC INTEGRITY SECTION I FOR 1981 I I I I I Public Integrity Section Submitted Pursuant Criminal Division to Section 529 of the ce E1h1cs in Government April, 1982 Act of 1978 TABLE OF CONTENTS PART I. Operations of the Public Integrity Section 1. A. Operational Responsibilities 1 B. Special Prosecutor Matters 3 C. Technical Assistance 3 D. 198]. Special Initiatives 5 PART II. Prosecutions and Indictments in 1981 6 A. Corruption and Official Misconduct 7 at the Federal Level B. Corruption at the State and Local Levels 8 C. Election Crimes 9 PART III. Federal Prosecutions of Corrupt Public 11 Officials 1970 - 1981 A. Significant Public Corruption 12 Cases Nationwide B. Statistical Tables 18 ANNUAL REPORT TO CONGRESS Section 529 of the Ethics in Government Act of 1978 requires the Attorney General to "report to Congress on the activities and operations" of the Public Integrity Section. This Report, the fourth submitted pursuant to the Act, covers calendar year 1981. Part I of this Report describes the present operations and functions of the Public Integrity Section, highlighting the major activities of 1981, and Part II details the cases handled by the Section during 1981. Part III presents data on the national effort to combat public corruption during 1981, based on the Section's annual survey of United States Attorneys. -
Enforcement of Campaign Finance Rules: a System in Search of Reform
The Enforcement of Campaign Finance Rules: A System in Search of Reform Kenneth A. Grosst In the wake of the savings and loan crisis, the so-called "Keating Five" scandal, and increasing disillusionment with the electoral system, campaign finance reform is once again an issue of major national concern. As has often occurred in the past,' Congress appears poised to enact major campaign reform legislation as a response to these latest political scandals. Indeed, the United States Senate passed a campaign finance reform bill in May of this year,2 and the House of Representatives is currently considering campaign finance reform legislation.' While there have been many proposals to make substantive changes to the campaign finance laws, historically, these proposals have overlooked the need to improve procedures for enforcement of these laws. If this round of reforms is to be effective, particular attention must be devoted to the enforcement provisions in light of the critical inadequacies of the current enforcement scheme. The current enforcement mechanism is flawed in three fundamental ways. First, individuals and campaigns accused of Federal Election Campaign Act (FECA)4 violations do not enjoy many of the due process protections available to the accused in other administrative contexts. Second, the statutory enforce- ment scheme under the FECA constrains the ability of the Federal Election Commission (FEC) to adequately deter FECA violations-a daunting task in the face of entities that aggressively seek creative ways to evade the laws. Finally, despite the existence of a number of criminal statutes prohibiting elected officials from accepting campaign contributions for improper purposes, the criminal law has been of limited value in regulating campaign finance t Kenneth A. -
Expert Report on Voter Fraud and Testified As a Fact Witness in ACORN, Et Al
EXPERT REPORT North Carolina State Conference of the NAACP v. McCrory, et al. UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF NORTH CAROLINA Case No.: 1:13-cv-00658-TDS-JEP (D. N.C.) Judge Thomas D. Schroeder Magistrate Judge Joi Elizabeth Peake February 12, 2015 LORRAINE C. MINNITE, Ph.D. EXPERT REPORT OF LORRAINE C. MINNITE, PH.D TABLE OF CONTENTS I. Summary of Opinions ......................................................................................................... 1 II. Background & Qualifications ............................................................................................. 1 III. Discussion ........................................................................................................................... 3 A. Brief History of Voting Restrictions ....................................................................... 3 B. Defining “Voter Fraud” .......................................................................................... 6 C. Analysis of Voter Fraud Nationally ........................................................................ 8 D. Examination of Voter Fraud in North Carolina Prior to the Enactment of HB 589/S.L. 2013-381 ................................................................................................ 12 E. The Legislative History to H.B. 589/S.L. 2013-381 ............................................. 17 F. Public Perception of Voter Fraud ......................................................................... 18 G. Analysis of Allegations of Voter Fraud in North -
Report of the Public Corruption Working Group (September 1993)
REPORT OF THE PUBLIC CORRUPTION WORKING GROUP Vince Ventimiglia Pam Rigby Elizabeth Atwater Kathryn Rosieh Amy Lecocq Jon Sands Liz Phillips Kirsten Swisher September 8, 1993 / TABLE OF CONTENTS Page ' EXECUTIVE SUMMARY iV I. SCOPE OF THE WORKING GROUP AND REPORT l II. SCOPE OF THE PUBLIC CORRUPTION GUIDELINES AND STATUTES l A. Public Corruption Guidelines 1 B. Amendments to Guidelines 4 l. Amendments to Sections 2C1.1 and 2C1.2 4 2. Addition of Section ZCLT . 5 C. Public Cormption Statutes 5 D. Legislative History 8 E; Proportionality of Punishment Relative to Guidelines for Bribery, Extortion, and Gratuity Involving Other than Public Officials 8 F. Proportionality of Punishment Relative to Statutory Maximum 9 G. Pending Legislation . 10 'III. COMMON LAW AND STATUTORY DEFINITIONS 10 A Bribery and Gratuity ll l. Specific Intent ll 2. 12 B. Extortion by Threat of Force and Extortion Under Color of Official Righlz I. Primary Distinction Between the Two Extortions: Private Versus ' Public Actor 12 2. Elements of Extortion Under Color of OfEcia.1 Right 13 a. Solicitation of Payment . 13 b. - 14 c. Mgg5,&e,a 14 C. Bllortion and Extortion Under Color of Official Right as Crimes of Violence l5 D. 'FBe"McNa.l1y Fix" - Application of Generic Fraud Statutes to Public Corruption Offenses 15 IV. EXPERT ASSISTANCE, PUBLIC COMMENT, HOTLINE CALLS, ' LITERATURE REVIEW 17 A. Expert Assistance 17 Page i PUBLIC CORRUPTION REPORT - l. Department of Justice ; . 17 2. Practitioners' Advisory Group . .. lb 3. Other Defense Bar Practitioners 18 4. U.S. Probation Officer Advisory Group lg 5. Training Staff ; 19 1 . -
Betraying Honest Services: Theories of Trust and Betrayal Applied to the Mail Fraud Statute and § 1346
\\server05\productn\N\NYS\61-4\NYS404.txt unknown Seq: 1 3-APR-06 15:01 BETRAYING HONEST SERVICES: THEORIES OF TRUST AND BETRAYAL APPLIED TO THE MAIL FRAUD STATUTE AND § 1346 JOSHUA A. KOBRIN* INTRODUCTION On December 23, 2004 John G. Rowland, the former Governor of Connecticut, pled guilty to a crime that left many observers scratching their heads.1 After suffering the double indignity of a federal investigation and an impeachment inquiry, Rowland re- signed from office, but the U.S. Attorney in Connecticut continued his investigation of gratuities and kickbacks the former Governor had allegedly received.2 In his Christmas Eve plea agreement, Row- land ended months of scandal by admitting a single federal felony: conspiracy to “deprive the State of Connecticut and its citizens of the intangible right to the honest services of its Governor.”3 His * Managing Editor, NYU Annual Survey of American Law, 2005–06. J.D. candidate, New York University School of Law, 2006; B.S., Northwestern University, 2000. Immeasurable thanks to Professor Anthony Amsterdam for advising me on an earlier version of this Note. I also benefited greatly from conversations with Professors Jerome Bruner, Paul Chevigny, Burt Neuborne, Andrew Schaffer, and Harry Subin, and assistance from Mari Webel, Chris Dana, and the editorial staff of the NYU Annual Survey of American Law, particularly Matthew Benjamin, Lindsay Manning, Elizabeth Goldberg, and Kristina Medic. Appreciation also to my parents, Marian and Larry Kobrin, and my sister, Rachel Kobrin. 1. Robert D. McFadden, Rowland Admits Felony in Office, N.Y. TIMES, Dec. 24, 2004, at A1; Stan Simpson, Rowland, Pragmatic as Ever, Blinks First, THE HARTFORD COURANT, Dec. -
Congressional Investigations of the Department of Justice, 1920-2007: History, Law, and Practice
Order Code RL34197 Congressional Investigations of the Department of Justice, 1920-2007: History, Law, and Practice October 3, 2007 Morton Rosenberg Specialist in American Public Law American Law Division Congressional Investigations of the Department of Justice, 1920-2007: History, Law, and Practice Summary Legislative oversight is most commonly conducted through congressional budget, authorization, appropriations, confirmation, and investigative processes, and, in rare instances, through impeachment. But the adversarial, often confrontational, and sometimes high profile nature of congressional investigations sets it apart from the more routine, accommodative facets of the oversight process experienced in authorization, appropriations, or confirmation exercises. While all aspects of legislative oversight share the common goals of informing Congress so as to best accomplish its tasks of developing legislation, monitoring the implementation of public policy, and disclosing to the public how its government is performing, the inquisitorial process also sustains and vindicates Congress’ role in our constitutional scheme of separated powers and checks and balances. The rich history of congressional investigations from the failed St. Clair expedition in 1792 through Teapot Dome, Watergate, Iran-Contra, Whitewater, and the current ongoing inquiries into the removal and replacement of United States Attorneys, has established, in law and practice, the nature and contours of congressional prerogatives necessary to maintain the integrity of the