Reversing course, Third Circuit defers decision on whether Section 666 bribery requires proof of a quid-pro-quo

Prompted by a rehearing petition supported by amicus National Association of Criminal Defense Lawyers, the Third Circuit today amended its opinion in United States v. Bornman, No. 07-3447 (3d Cir. Mar. 6, 2009)--blogged here--to delete what had been a brief statement that the federal bribery statute (18 U.S.C. 666) does not require evidence of a quid-pro-quo. The effect of today's amendment, issued in the form of this order, is to defer the thorny question of whether, under Section 666, the government must show that the thing of value was given in exchange for the official act. The Circuits are split on this issue.