Credit: Lumeez Ismail/peopleimages.com/Adobe Stock The Implication of SCOTUS's 'Snyder' Decision and Recent Precedent on Corruption Prosecutions
In fraud and corruption cases, the Supreme Court and the US government are marching in opposite directions. The DOJ continues to embrace new tools from Congress and the White House—including a newly-passed anti-corruption law—while the Supreme Court has increasingly cut back on the DOJ's broad theories of prosecution. This article examines the implications from the Court's latest opinion, Snyder v. United States, which, if applied to other bribery statutes, could severely limit the DOJ's view that gifts to government officials are no different than bribes.
August 15, 2024 at 11:19 AM
8 minute read
As the Supreme Court of the United States (SCOTUS) enters recess after a summer of highly publicized decisions, predictions of the likely impact of these precedents begin to form. In the criminal context, following SCOTUS's recent decision in Snyder v. United States, 144 S. Ct. 1947 (2024), which narrowly interpreted an anti-bribery statute and found that it did not prohibit after-the-fact tips (or "illegal gratuities"), one theme emerges: SCOTUS is set to curb the Department of Justice's (DOJ) enthusiasm for filling gaps in ambiguous bribery statutes in ways that serve its worldwide drive to crack down on corruption.
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