In United
States v. Ferriero, __F.3d.__, 2017 WL 3319283, 15-4064 (3rd Cir. Aug.
4, 2017), the Third Circuit upheld a RICO violation when a political party
official arranged to receive a percentage of fees paid to a vender that he
recommended to local offices during the course of his official duties. The Court held that there is no requirement
to prove an agreement to “undermine the integrity of a public action” when the
RICO charges stem from the current version of New Jersey’s bribery
statute. The Court also found that a
communication can be fraudulent and violate federal wire fraud law when it
contains half-truths and omits critical information. Furthermore, it found that the New Jersey
bribery statute is neither overbroad nor unduly vague, and the Supreme Court’s
decision in McDonnell v. United States,
136 S. Ct. 2355 (2015), did not impact the present conviction because that case
dealt with “officials acts” and not “public issues.”
Case summaries and commentary on recently decided criminal law cases in the Third Circuit provided by Federal Defenders and CJA Panel Attorneys.
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Amendment 801 to § 2G2.2(b)(3)(F) is a substantive change to the Guidelines, and does not apply retroactively under § 2255
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