List_of_United_States_federal_officials_convicted_of_corruption_offenses

List of United States federal officials convicted of corruption offenses

List of United States federal officials convicted of corruption offenses

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This list only includes federal officials convicted of certain select corruption crimes. For a more complete list see: List of American federal politicians convicted of crimes and List of federal political scandals in the United States.

Dozens of high-level United States federal officials have been convicted of public corruption offenses for conduct while in office. These officials have been convicted under two types of statutes. The first type are also applicable to corrupt state and local officials:[1] the mail and wire fraud statutes (enacted 1872), including the honest services fraud provision,[2] the Hobbs Act (enacted 1934),[3] the Travel Act (enacted 1961),[4] and the Racketeer Influenced and Corrupt Organizations Act (RICO) (enacted 1970).[1][5] In addition, federal officials are subject to the federal bribery, graft, and conflict-of-interest crimes contained in Title 18, Chapter 11 of the United States Code, 18 U.S.C. §§ 201–227, which do not apply to state and local officials.[1] Most notably, § 201(b) prohibits the receipt of bribes, and § 201(c) prohibits the receipt of unlawful gratuities, by federal public officials. Lesser used statutes include conspiracy to defraud the United States (enacted 1867)[6] and the Foreign Corrupt Practices Act (FCPA) (enacted 1977).[7]

Where the defendant is a member of the United States Congress, the Speech or Debate Clause of Article One of the United States Constitution—providing that: "[F]or any Speech or Debate in either House, [Senators or Representatives] shall not be questioned in any other Place"[8]—limits the acts which may be charged and the evidence that may be introduced.

Inclusion criteria and organization

Only high-level federal officials are included in this list. For the executive branch, this means the President, Vice President, and Cabinet members (i.e. officials compensated at Level I of the Executive Schedule).[9] For the legislative branch, this means members of the Congress, whether the Senate or House of Representatives. For the judicial branch, this means Article Three judges. Lower-level officials are not included on this list, although they may be prosecuted for the same offenses.

Acquitted officials are not listed (if an official was acquitted on some counts, and convicted on others, the counts of conviction are listed). If a defendant is convicted of a conspiracy to commit a corruption offense, the substantive offense is listed. Convictions such as making false statements, perjury, obstruction of justice, electoral fraud, violations of campaign finance regulations, tax evasion and money laundering are not included in this list. Censure, impeachment, and removal from office are also not included in this list.

The list is organized by office. The criminal statute(s) under which the conviction(s) were obtained are noted, as are the names of notable investigations, scandals, or litigation, if applicable. The year of conviction is included (if the official was convicted multiple times due to retrials, only the year of the first conviction is included). Certain details, including post-conviction relief, if applicable, are included in footnotes. Political affiliation is also included.

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See also


References

  1. Peter W. Schroth, Corruption and Accountability of the Civil Service in the United States, 42 Am. J. Comp. L. 554 (2006).
  2. 18 U.S.C. §§ 1341, 1343, 1346.
  3. 18 U.S.C. § 1951(a), (b)(2).
  4. 18 U.S.C. § 1952.
  5. 18 U.S.C. § 1961(1).
  6. Act of March 2, 1867, ch. 169, § 30, 14 Stat. 484 (codified as amended at 18 U.S.C. § 371).
  7. Pub. L. No. 95-213, 91 Stat. 1495.
  8. U.S. Const. art. I, § 6, cl. 1.
  9. 5 U.S.C. § 5312.
  10. Judiciary, U.S.C.H.C. (1998). Impeachment: selected materials. U.S. Government Printing Office. p. 992. ISBN 9780160577031. Retrieved May 15, 2015.
  11. In a pre-trial appeal, the Supreme Court rejected Brewster's argument that his prosecution violated the Speech or Debate Clause. United States v. Brewster, 408 U.S. 501 (1972). After his trial, the D.C. Circuit reversed Brewster's conviction and remanded for a new trial. United States v. Brewster, 506 F.2d 62 (D.C. Cir. 1974). Brewster then pleaded no contest. Daniel B. Brewster, 83, Former Senator, Dies, N.Y. Times, August 27, 2007.
  12. The Supreme Court reversed Burton's conviction and remanded for a new trial, citing violations of the Venue and Vicinage Clauses and prejudicially refused jury instructions. Burton v. United States, 196 U.S. 283 (1905). Following a retrial, Burton's conviction was affirmed. Burton v. United States, 202 U.S. 344 (1906).
  13. Ballance pleaded guilty. N.C.'s Ballance Pleads Guilty to Conspiracy, Wash. Post, November 10, 2004.
  14. United States v. Biaggi, 853 F.2d 89 (2d Cir. 1988).
  15. United States v. Biaggi, 909 F.2d 662 (2d Cir. 1990).
  16. President Johnson pardoned Boykin. Johnson Grants Frank Boykin a Full Pardon, The Tuscaloosa News, December 22, 1965.
  17. "Tucker Is Fourth California Congressman to Be Convicted Since 1936 – latimes". Los Angeles Times. December 9, 1995. Retrieved May 15, 2015.
  18. United States v. Brasco, 516 F.2d 816 (2d Cir. 1975).
  19. United States v. Bustamante, 45 F.3d 933 (5th Cir. 1995).
  20. "061 Pomeroy and Caldwell". senate.gov. May 30, 2014. Retrieved May 15, 2015.
  21. Clark pleaded guilty. Fritz Huysman, Former Legislator Makes Surprise Guilty Plea, Pittsburgh Post-Gazette, February 14, 1979.
  22. United States v. Collins, 972 F.2d 1385 (5th Cir. 1992).
  23. Cunningham pleaded guilty. Crooked Congressman Goes to Prison, CNN, March 3, 2006.
  24. United States v. Diggs, 613 F.2d 988 (D.C. Cir. 1979).
  25. "DURENBERGER, David Ferdinand – Biographical Information". bioguide.congress.gov. Retrieved May 15, 2015.
  26. Berke, Richard L. (June 10, 1990). "Hearings Near, Durenberger Stumps". The New York Times. Retrieved May 15, 2015.
  27. The Fourth Circuit reversed Dowdy's convictions for violations of the Speech or Debate Clause. United States v. Dowdy, 479 F.2d 213 (4th Cir. 1973).
  28. Eilberg pleaded guilty. Former U.S. Rep. Eilberg Pleads Guilty to Conflict, The Tuscaloosa News, February 25, 1979.
  29. Fall v. United States, 49 F.2d 506 (D.C. Cir. 1931).
  30. After García's first trial, the Second Circuit reversed García's convictions and remanded for a new trial. United States v. Garcia, 907 F.2d 380 (2d Cir. 1990). After García's second trial, the Second Circuit again reversed and remanded for a new trial, this time in light of the Supreme Court's subsequent decision in McCormick v. United States, 500 U.S. 257 (1991). United States v. Garcia, 992 F.2d 409 (2d Cir. 1993). The government declined to prosecute García a third time. U.S. Will Not Retry Garcia in Extortion, N.Y. Times, September 16, 1993.
  31. Hanna pleaded guilty. Ed Rogers, Hanna Sentenced in Bribery Case, Sarasota Herald-Tribune, April 25, 1978.
  32. Ex-Lawmaker Convicted of Fraud, St. Petersburg Times, December 18, 1976.
  33. "Day 15: A congressman is convicted – The Orange County Register". 50cases.freedomblogging.com. Retrieved May 15, 2015.
  34. Hoeppel v. United States, 85 F.2d 237 (D.C. Cir. 1936).
  35. The Fourth Circuit vacated one of Jefferson's wire fraud convictions for improper venue. United States v. Jefferson, 674 F.3d 332 (4th Cir. 2012).
  36. United States v. Jenrette, 744 F.2d 817 (D.C. Cir. 1984).
  37. The Supreme Court reversed Johnson's conviction and remanded for a new trial on the grounds that the introduction of certain evidence violated the Speech or Debate Clause. United States v. Johnson, 383 U.S. 169 (1966). At his retrial, the conspiracy count was dismissed Johnson was convicted of the conflict-of-interest count only. United States v. Johnson, 419 F.2d 56 (4th Cir. 1969).
  38. After the jury returned a verdict of guilty, the district judge granted Kelly's motion to dismiss the indictment on the grounds that the Abscam investigation was unconstitutional entrapment. The D.C. Circuit reversed, and reinstated the conviction. United States v. Kelly, 707 F.2d 1460 (D.C. Cir. 1983) (per curiam).
  39. Kolter pleaded guilty. Justin Pritchard, From the House to the Big House, Mother Jones, Jan./Feb. 1998.
  40. United States v. Myers, 692 F.2d 823 (2d Cir. 1982).
  41. "1878: Senator Ousted – July 13, 1912". senate.gov. May 29, 2014. Retrieved May 15, 2015.
  42. United States v. Lukens, 114 F.3d 1220 (D.C. Cir. 1997).
  43. United States v. Manton, 107 F.2d 834 (2d Cir. 1939).
  44. Mavroules pleaded guilty. Ex-Congressman Pleads Guilty to 15 Racketeering, Extortion Charges, L.A. Times, April 16, 1993.
  45. May v. United States, 175 F.2d 994 (D.C. Cir. 1949).
  46. Jerry A. O'Callaghan, Senator Mitchell and the Oregon Land Frauds, 1905, 21 Pac. Hist. Rev. 255 (1952).
  47. The Second Circuit reversed Murphy's conflict-of-interest conviction. United States v. Myers, 692 F.2d 823 (2d Cir. 1982).
  48. Ney pleaded guilty. Pub. Integrity Section, Criminal Division, U.S. Dep't of Justice, Report to Congress on the Activities and Operations of the Public Integrity Section for 2009, at 22.
  49. Podell pleaded guilty. United States v. Podell, 519 F.2d 144 (2d Cir. 1975).
  50. "1 Briefing on Impeachment". senate.gov. November 19, 2014. Archived from the original on December 2, 2010. Retrieved May 15, 2015.
  51. Rostenkowski pleaded guilty. David E. Rosenbaum, Rostenkowski Pleads Guilty To Mail Fraud, N.Y. Times, April 10, 1998.
  52. United States v. Traficant, 368 F.3d 646 (6th Cir. 2004).
  53. Whalley pleaded guilty. Milton Jacques, Ex-Rep. Whalley Pleads Guilty to Mail Fraud, Pittsburgh Post-Gazette, August 1, 1973.
  54. United States v. Williams, 705 F.2d 603 (2d Cir. 1983).

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