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McNair: Alabama Sewer Bribery Convictions Upheld

By Tim Cone

In U.S. v. McNair, No. 07-11476 (May 12, 2010), in a 167-page opinion, the Court affirmed multiple bribery convictions of government officials and private contractors involved in sewer projects in Jefferson County, Alabama.The Court rejected a challenge to the jury instructions? failure to instruct that a bribery conviction requires a showing of a quid pro quo, i.e., that a specific thing was exchanged for a specific act. The Court noted that the bribery statute, 18 U.S.C. § 666, does not contain the expression ?quid pro quo. Further, the statute?s requirement of a ?corrupt? mens rea suffices to circumscribe criminal liability, as it requires a dishonest goal, or unlawful means. Because the statute applies not only to specific actual acts, but to possible future acts, ?the quo need not be specific at the time of the quid...continue to full post

Full post as published by Defense Newsletter Blog on May 17, 2010 (boomark / email).