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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. -
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 -
The Executive and the Environment: a Look at the Last Five Governors in New York
Pace Environmental Law Review Volume 31 Issue 3 Summer 2014 Article 3 July 2014 The Executive and the Environment: A Look at the Last Five Governors in New York Patricia E. Salkin Touro College Jacob D. Fuchsberg Law Center Follow this and additional works at: https://digitalcommons.pace.edu/pelr Part of the Environmental Law Commons, and the State and Local Government Law Commons Recommended Citation Patricia E. Salkin, The Executive and the Environment: A Look at the Last Five Governors in New York, 31 Pace Envtl. L. Rev. 706 (2014) Available at: https://digitalcommons.pace.edu/pelr/vol31/iss3/3 This Article is brought to you for free and open access by the School of Law at DigitalCommons@Pace. It has been accepted for inclusion in Pace Environmental Law Review by an authorized administrator of DigitalCommons@Pace. For more information, please contact [email protected]. THE THIRTEENTH ANNUAL GILBERT AND SARAH KERLIN LECTURE The Executive and the Environment: A Look at the Last Five Governors in New York PATRICIA E. SALKIN∗ I. INTRODUCTION Gubernatorial leadership is the single most important indica- tor of how sustainable New York will be when it comes to issues of environmental protection and conservation. In preparing for the Kerlin Lecture, one of the things that struck me is that New York governors for at least the last thirty years have consistently identified the critical economic, social, and environmental chal- lenges facing this state. Is it simply political rhetoric to decry that the state is in terrible fiscal shape, that programs need to be funded to help those is need, and that we must pay attention to stewarding the environment today to secure tomorrow? The fact remains that these are the three major legs of the sustainability stool and the measure of gubernatorial leadership is not in the lofty goals that were set forth, but rather in what was actually accomplished. -
Government, Law and Policy Journal
NYSBA SPRING 2010 | VOL. 12 | NO. 1 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 The New York State Constitution • When Is Constitutional Revision Constitutional Reform? • Overcoming Our Constitutional Catch-22 • The Budget Process • Proposals to Clarify Gubernatorial Inability to Govern and Succession • Ethics • More Voice for the People? • Gambling • Would a State Constitutional Amendment Promote Public Authority Fiscal Reform? • Liberty of the Community • Judging the Qualifications of the Members of the Legislature “I am excited that during my tenure as the Chair of the Committee on Attorneys in Public Service our Technology Subcommittee, headed by Jackie Gross and Christina Roberts-Ryba, with assistance from Barbara Beauchamp of the Bar Center, have developed a CAPs blog. This tool promises to be a wonderful way to communicate to CAPS Announces attorneys in public service items of interest New Blog for and by that they might well otherwise miss. Blogs Public Service Attorneys are most useful and attract the most NYSBA’s Committee on Attorneys in Public Service interest when they are (“CAPS”) is proud to announce a new blog highlighting current and updated interesting cases, legal trends and commentary from on a regular basis, and around New York State, and beyond, for attorneys our subcommittee is practicing law in the public sector context. The CAPS committed to making blog addresses legal issues ranging from government the CAPS blog among practice and public service law, social justice, the Bar Association’s professional competence and civility in the legal best! profession generally. -
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. -
Government, Law and Policy Journal
NYSBA SUMMER 2011 | Vol. 13 | No. 1 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 NNewew YYorkork SState’state’s BBudget:udget: CConflictsonflicts aandnd CChallengeshallenges In Memoriam Governor Hugh L. Carey 1919-2011 The Committee on Attorneys in Public Service dedicates this issue to the enduring memory of Governor Hugh L. Carey and his enumerable contributions to public service This photograph, which is entitled Governor Carey Briefs the Press on the Budget, was made available from the New York State Archives. SUMMER 2011 | VOL. 13 | NO. 1 Government, Law and Policy Journal Contents Board of Editors 2 Message from the Chair J. Stephen Casscles Peter S. Loomis Lisa F. Grumet 3 Editor’s Foreword James F. Horan Rose Mary K. Bailly Barbara F. Smith 4 Guest Editor’s Foreword Patricia K. Wood Abraham M. Lackman Staff Liaison 5 Legal History of the New York State Budget Albany Law School David S. Liebschutz and Mitchell J. Pawluk Editorial Board 11 Pataki v. Assembly: The Unanswered Question Rose Mary K. Bailly Hon. James M. McGuire Editor-in-Chief 17 New York State School Finance Patricia E. Salkin Shawn MacKinnon Director, Government Law Center 24 CFE v. State of New York: Past, Present and Future Michael A. Rebell Vincent M. Bonventre Founding Editor-in-Chief 31 Changing the Terms of New York State’s Budget Conversation Richard Ravitch Student Editors 35 New York’s Economy: From Stagnation to Decline Robert Barrows Abraham M. -
New York City Fire Department
NEW YORK CITY FIRE DEPARTMENT ___________________________________ TESTIMONY OF FIRE COMMISSIONER NICHOLAS SCOPPETTA BEFORE THE NATIONAL COMMISSION ON TERRORIST ATTACKS UPON THE UNITED STATES _________________________________ MAY 18, 2004 I. Introduction Good afternoon, Mr. Chairman and Commissioners. I am pleased to have this opportunity to discuss the Fire Department’s very substantial progress toward enhancing its preparedness since 9/11. As you know, I became Fire Commissioner on January 1, 2002. In the aftermath of the World Trade Center (WTC) attacks, and the loss of 343 members with over 4,400 years of collective experience, the New York City Fire Department (FDNY or the Department) faced an enormous challenge. We needed to simultaneously conduct a massive recovery effort at the WTC site, replace lost equipment, hire and train new personnel, attend hundreds of funerals and memorial services, and begin the difficult process of developing new strategies, procedures, training methods and technologies to enhance our preparedness for future acts of terrorism. More than two and a half years later, I am proud to say that the Department has met this historic challenge with bravery, dedication and honor. We are more prepared to respond to major acts of terrorism than we were on 9/11. Among other accomplishments, the FDNY has replaced all apparatus and equipment lost on 9/11 and re-staffed to pre-9/11 levels, albeit with much less experienced personnel. We have provided our Firefighters with counter-terrorism training and have begun comprehensive Incident Command System (ICS) training for all 2,751 fire officers. We now have two fully trained Incident Management Teams (IMTs), 21 strategically located ladder companies trained in HazMat and technical rescue, 20 Haz-Tac ambulances staffed with HazMat- trained personnel, and numerous fire companies throughout the City trained to perform “hot-zone” rescues in Chemical Protective Clothing. -
ADMINISTRATIVE LAW Rose Mary Bailly, Esq.†
BAILLY MACRO DRAFT 5/11/2011 1:20 PM ADMINISTRATIVE LAW Rose Mary Bailly, Esq.† CONTENTS INTRODUCTION ..................................................................................... 557 I. JUDICIAL BRANCH ...................................................................... 557 A. Separation of Powers ......................................................... 557 B. Ultra Vires Actions ............................................................. 564 C. Freedom of Information Law ............................................. 570 D. Agency Interpretation of the Law ....................................... 572 E. Writ of Prohibition ............................................................. 578 F. Agency Discretion .............................................................. 582 G. Government Liability .......................................................... 584 II. LEGISLATIVE BRANCH ................................................................ 586 CONCLUSION ......................................................................................... 588 INTRODUCTION This Article reviews developments in administrative law and practice during 2009-2010 in the judicial and legislative branches of New York State government. Review of judicial activity focuses on eight decisions of the New York Court of Appeals. Review of legislative activity focuses on several amendments to the Open Meetings Law. I. JUDICIAL BRANCH A. Separation of Powers In Skelos v. Paterson,1 a member of the New York State Senate2 challenged as unconstitutional -
Nysba Fall 2009 | Vol
NYSBA FALL 2009 | VOL. 11 | 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 PPublicublic AAuthorityuthority RReformeform • RRe-evaluatinge-evaluating tthehe UUsese ooff PPublicublic • OOversightversight ooff PPublicublic AAuthorityuthority CContractsontracts AAuthoritiesuthorities DDuringuring RRecessionaryecessionary TTimesimes bbyy tthehe SStatetate CComptrolleromptroller • PPublicublic AAuthoritiesuthorities RReformeform AActct ooff 22009009 • RReformseforms ttoo IImprovemprove NNewew York’sYork’s IIndustrialndustrial DDevelopmentevelopment AAgenciesgencies • PPublicublic AAuthorityuthority CControversiesontroversies • CComplianceompliance WWithith tthehe PPAAAAAA • PPublicublic AAuthoritiesuthorities AAccountabilityccountability AActct ooff 22005005 • EEthicsthics LLawsaws aandnd tthehe PPublicublic AAuthoritiesuthorities ooff NNewew YYorkork SStatetate • RRealityeality vv.. LLegalityegality ooff ConduitConduit FinancingFinancing NEW YORK STATE BAR ASSOCIATION Annual Meeting location has been moved— Hilton New York 1335 Avenue of the Americas New York City January 25-30, 2010 Committee on Attorneys in Public Service Tuesday, January 26, 2010 Sutton Parlor North, 2nd fl oor, 2010 Annual Meeting Committee on Attorneys in Public Service Co-sponsored by the Judicial Section 2010 Educational Programs The Supreme Court: Precedents and Principles (9:00 a.m.-12:15 p.m.) The State Legislature and the State Constitution: The Path Forward (2:00 p.m.-5:15 p.m.) You and Colleagues are Cordially Invited to: 2010 Awards for Excellence in Public Service Reception Tuesday, January 26, 2010, 5:30 p.m. – 7:00 p.m. 2010 Honorees Diane F. Bosse, New York State Board of Law Examiners (ret), Buffalo, NY The Hon. Patricia D. Marks, Monroe County Court, Rochester, NY Peter H. Schiff, New York State Department of Law, Albany, NY Special Guests: The Honorable Judith S. -
The Experiences of New York City Foster Children in Hiv/Aids Clinical Trials
THE EXPERIENCES OF NEW YORK CITY FOSTER CHILDREN IN HIV/AIDS CLINICAL TRIALS Timothy Ross and Anne Lifflander with Sally Trued, Allon Yaroni, Rachel Wetts, Reena Ghadia, and Tania Farmiga Vera Institute of Justice January 2009 © 2009 Vera Institute of Justice. All rights reserved. Additional copies can be obtained from the communications department of the Vera Institute of Justice, 233 Broadway, 12th floor, New York, New York, 10279, (212) 334-1300. An electronic version of this report is available for download on Vera’s web site, www.vera.org. Requests for additional information about the research described in this report should be directed to [email protected]. Vera Institute of Justice ii Executive Summary At the request of New York City’s Administration for Children’s Services, beginning in 2005 the Vera Institute of Justice undertook an in-depth examination of issues related to the enrollment and monitoring of New York City foster children in clinical trials related to the Human Immunodeficiency Virus (HIV) and Acquired Immunodeficiency Syndrome (AIDS). The request was prompted by allegations that African American and Latino children were inappropriately removed from their families and placed in foster care to facilitate their enrollment in dangerous and unnecessary medical experiments. Other concerns included whether children suffered unnecessarily as a result of their participation, whether children in trials were HIV infected, whether trial researchers properly obtained informed consent, and whether the child welfare system adequately monitored the children in their care. The Vera Institute agreed to conduct the review under a number of conditions. First, that Children’s Services search its files for children who might have participated in the trials and also provide Vera staff complete access to its files and records and the full cooperation of its staff.