'U.S. v. Benjamin' Sheds Light on Tangled Federal Bribery Law
We are sure to see public corruption cases brought in the future. We are also sure to see continued challenges for prosecutors and courts, and perhaps opportunities for defense counsel.
January 25, 2023 at 09:45 AM
10 minute read
In 1980, Jed Rakoff (before he took the bench) wrote that, for federal prosecutors, the mail fraud statute was "our Stradivarious, … our Louisville Slugger, … our true love." No one would say the same about the federal statutes used to prosecute public corruption. Over time, the law has become less clear and predictable, and what constitutes bribery has become more difficult to articulate, regardless of the statute at issue. The resulting complexity has become pronounced in the case of elected politicians.
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