As Menendez Trial Starts, What Has Been Keeping Prosecutors and Defense Lawyers Up at Night?

After working while under a criminal indictment for 28 months, U.S. Sen. Robert Menendez is about to get a chance to prove his innocence. The 63-year-old…

September 01, 2017 at 07:02 PM

1 minute read

By Charles Toutant | Updated on September 01, 2017
X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

The original version of this story was published on Law.com


Senator Robert Menendez (D-NJ) at a Senate Banking Committee hearing addressing the scandal relating to Wells Fargo’s opening of fake bank accounts without customer knowledge, on Tuesday, September 20, 2016. Photo: Diego M. Radzinschi/ALM

After working while under a criminal indictment for 28 months, U.S. Sen. Robert Menendez is about to get a chance to prove his innocence. The 63-year-old senator’s career and future are on the line when he and Florida ophthalmologist Salomon Melgen go on trial Wednesday in U.S. District Court in Newark.

The April 2015 indictment charges that Menendez received a series of gifts from Melgen—travel on private jets, luxury resort vacations, campaign contributions—and repaid the favors by intervening in regulatory matters involving the doctor. The case will provide a look at the new landscape for federal corruption law in light of the U.S. Supreme Court’s June 2016 ruling vacating the corruption conviction of former Virginia Gov. Bob McDonnell.

Federal prosecutors also have a lot riding on the case in light of recent rulings reversing corruption convictions against McDonnell and former New York Assembly Speaker Sheldon Silver. As the trial of Menendez and Melgen proceeds, here are three questions that are likely weighing on the minds of lawyers in the case.

Will the government’s case be undone by the “McDonnell” ruling?

McDonnell’s conviction was overturned by the Supreme Court on a finding that favors he provided to a benefactor did not rise to the level of official acts. The court ruled that “setting up a meeting, calling another public official, or hosting an event does not, standing alone, qualify as an ‘official act.’” In the McDonnell case, the governor arranged meetings with other state officials where the donor could discuss his fledgling business, and hosted events for the business at the governor’s mansion.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
September 12, 2024
New York, NY

Consulting Magazine identifies the best firms to work for in the consulting profession.


Learn More

ATTORNEYS WANTED ROCKLAND/BERGEN COUNTYKantrowitz, Goldhamer & Graifman, P.C. Expanding and established multi-practice, mul...


Apply Now ›

Description: Fox Rothschild has an opening in the Atlantic City, NJ office for a Gaming attorney. The rapidly expanding Gaming Department is...


Apply Now ›

Yardi is a global software company providing innovative property management solutions and services in every real estate market. We are focus...


Apply Now ›
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›