2nd Circ. Suggests Some 'Official Acts' Not Worth Charging
Law360, New York (July 17, 2017, 5:50 PM EDT) -- In a recent decision overturning a once-powerful New York lawmaker's conviction, the Second Circuit implied that some “official acts” might meet the U.S. Supreme Court's McDonnell standard for determining what constitutes an illegal quid pro quo from an office holder, but would likely not be weighty enough for a jury to convict on corruption charges.
The court ruled that jurors who found former New York State Assembly Speaker Sheldon Silver guilty did so under instructions that cannot be reconciled with the Supreme Court's ruling in McDonnell. That ruling defined what kind of acts violate federal law when an official gets something...
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