McDonnell, Bribery And The Story Behind 'Official Act'

Law360, New York (December 23, 2014, 10:31 AM EST) -- Whether Bob McDonnell performed "official acts" in exchange for the extravagant gifts he received from Jonnie Williams has been a central issue in his corruption case. A few weeks back, I wrote in Law360 about how this is the wrong legal standard because the definition of "official acts" in the federal bribery statute does not apply to honest services fraud and extortion under color of official right, the crimes for which McDonnell was convicted. That article dealt primarily with the proper definition of bribery for those two crimes, but a full analysis of this issue also requires a more thorough discussion of "official acts."...

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