Read e-book online The Prosecution and Defense of Public Corruption: The Law PDF

By Peter J. Henning

ISBN-10: 0195378415

ISBN-13: 9780195378412

The Prosecution and protection of Public Corruption: The legislation and felony thoughts is the 1st complete, practice-oriented remedy of the legislation of public corruption within the U.S. felony industry. This distinct ebook presents a radical felony research of the disparate parts of the legislation that may be used to prosecute public officers in any respect degrees of presidency. within the Prosecution and protection of Public Corruption, authors Peter J. Henning and Lee J. Radek speak about how tips can advance acceptable criminal thoughts for prosecuting and protecting those circumstances. Many crucial subject matters are addressed with the practitioner in brain, together with: proof accumulating matters; Privilege concerns; concerns at Trial; Sentencing concerns.

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United States v. C. Cir. 1982) (“This does not mean, however, that all bribes must inevitably be paid prior to the official act in question. ”). 11. See United States v. Hipkins, 756 F. Supp. 233 (D. Md. 1991). The District Court rejected the government’s argument that not allowing a bribery prosecution under § 201(b) for a payment made to a former official created a loophole: “[A] plain reading of § 201(b) will not improperly create a loophole, for two reasons. First, the mere promise or offer of a bribe is illegal under the bribery statute.

Henning, Federalism and the Federal Prosecution of State and Local Corruption, 92 Ky. J. 75 (2003), and Peter J. Henning, Public Corruption: A Comparative Analysis of International Corruption Conventions and United States Law, 18 Ariz. J. Int’l & Comp. L. 793 (2001). 2. Act of July 30, 1789, ch. 5, § 35, 1 Stat. 46 (1789). 3. Act of Apr. 30, 1790, ch. 9, § 21, 1 Stat. 117 (1790). 5 Unlike the earlier bribery provisions, this crime did not require that the payment be in exchange for the avoidance of customs duties; instead, it criminalized the payment to a customs officer because of its potential impact on future treatment of the payer.

9. 41. The Anti-Drug Abuse Act of 1988, 102 Stat. 4508 (1988). 42. 130 S. Ct. 2896 (2010). 10 | PROSECUTION AND DEFENSE OF PUBLIC CORRUPTION F. Undercover Corruption Investigations Along with the development of the federal corruption law in the 1970s, the explosive Abscam investigation highlighted the use of tactics first developed in drug and organized crime cases to public corruption. The investigation of legislative bribery came about only a few years after the Watergate scandal, this time focusing on the sale of congressional favors.

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The Prosecution and Defense of Public Corruption: The Law and Legal Strategies by Peter J. Henning


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