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36

There are 2 separate issues here: what happens to such a President and what happens to the person who has been pardoned. What happens to the person who has been pardoned? While at least one attempt at reversing a pardon has been discussed in recent history (Clinton's pardon of Mark Rich), there is no case of a pardon that has been reversed without the wishes ...


27

Bribery of public officials is in itself a crime (18 USC § 201), for both the giver and the recipient: (b) Whoever— (1) directly or indirectly, corruptly gives, offers or promises anything of value to any public official... (A) to influence any official act; ... (2) being a public official or person selected to be a public official, directly or indirectly,...


7

Proof is for a courtroom Or in this case, the Senate. Proof is what you get when the trial is complete, the evidence has been considered and the verdict is in. Is there evidence? The Federal crime of bribery : that the defendants acted with corrupt intent to engage in a quid pro quo, that is, “a specific intent to give or receive something of value in ...


5

Bribery is defined by Black's Law Dictionary as the offering, giving, receiving, or soliciting of any item of value to influence the actions of an official or other person in charge of a public or legal duty. 1 The money was offered to influence the actions of the official: it is irrelevant if the actions were influenced or not - its a bribe and, in most ...


4

In the USA, there is no federal law that expressly prohibits bribes in a commercial context ("commercial bribing"), but there are laws in many states - so it depends on the state. Most states do have laws about it. For example, the law in the state of New York is quite strict. What you describe would qualify as "commercial bribing in the second degree". You ...


4

The federal Hobbs Act has been interpreted to prohibit state and local officials from accepting bribes, under the theory of "extortion under color of right". Violation of the Hobbs Act is a federal felony, so the FBI here is investigating a federal crime, which is their job. As explained on Wikipedia, it has been common since the 1970s for federal law ...


4

There is a defense against criminal charges, the defense of coercion. In Washington state (under the name "duress") (1) In any prosecution for a crime, it is a defense that: (a) The actor participated in the crime under compulsion by another who by threat or use of force created an apprehension in the mind of the actor that in case of refusal he ...


4

Can “positive news coverage” be considered a “thing of value” in a bribery case? Yes. Note that a narrow, specific holding that "positive news coverage" is a thing of value is unnecessary because it is implied by the general notion of thing of value as reflected in US case law. Several [U.S.] court opinions, such as U.S. v. Hernandez, 795 F.3d 1159, 1164-...


3

These are both bribery Bribery is defined by Black's Law Dictionary as the offering, giving, receiving, or soliciting of any item of value to influence the actions of an official, or other person, in charge of a public or legal duty. The crime exists in the common law even if it is not codified by statute in a particular jurisdiction. If the person you ...


3

Certainly, "Tortious interference" comes to mind. While it's a difficult one to prove, there are typically 6 elements: The existence of a contractual relationship or beneficial business relationship between two parties (possible problem here). Knowledge of that relationship by a third party. Intent of the third party to induce a party to the ...


3

The Federal Election Commission (FEC) recently put out a summary of what constitutes a thing of value. While it is a summary from the FEC, I still think it's relevant because it uses the term thing of value, which, as the summary notes, appears in (quoting from the summary) "many criminal statutes throughout the United States". Because of that, I will quote ...


3

What crimes have been committed? The initial assault (hit) or theft (stole) by A. Bribery by A and the detective. Which parties are at fault or liable? See above. How could Party A sue faulty party or parties for described actions. Party A, as the perpetrator, can't sue anyone. Party B can sue party A for the assault or the theft as applicable. ...


3

TL;DNR: At the time of the Founding, bribery covered both giving and taking a bribe. Two definitions of bribery from the Founding Era. It is often hard to say exactly what a word meant "in the English language as it existed at the time of the framers." However, in this case, it's not hard. It’s easy! There are plenty of examples of people defining ...


3

It sounds less like bribery (where you give someone a benefit in exchange for an official act) than like extortion (where you threaten some harm in the absence of an act).


2

The law that you are asking about is the Foreign Corrupt Practices Act of 1977 (FCPA) (15 U.S.C. § 78dd-1, et seq.). Under that law, knowledge or willful blindness to the fact that third-party with whom the U.S. linked person does business is engaged in corrupt practices like bribery can give rise to liability. As one memorandum of the topic explains the ...


2

Really, either one could be included. See the article below, for a short history of how bribery is definied. The thought was that congress would decide what rose to that level, since the federal laws obviously did not exist before the constitution. https://www.lawfareblog.com/constitution-says-bribery-impeachable-what-does-mean Just logically though, there ...


2

If I were you, I would look at Skilling v. United States. https://www.supremecourt.gov/opinions/09pdf/08-1394.pdf Start at page six of that PDF, where it reads: Section 1346, which proscribes fraudulent deprivations of “the intangible right of honest services,” is properly confined to cover only bribery and kickback schemes. Because Skilling’s ...


2

Are there any U.S. laws that would prevent me from doing so? Yes. The prohibition is on the employer's end. There are various jurisdictions with a statute similar to MCL 408.478 prohibiting the employer, its agent, etc. to demand or receive a fee, or other remuneration or consideration as a condition of employment. The NY equivalent is section § 198-B of ...


2

I think you're working off some false premises here. Whatever FMV is in the context of a meeting with Warren Buffet purchased by investors, it's probably different in the context of the U.S. Ambassador to the United Nations. Buffett has little to gain from a meeting with people whose job he's been doing more successfully for half a century. He has more to ...


2

A quick answer: It's the politics, Mawg! The House managers, like all prosecutors, based their charging decisions on more than whether they thought they had proof that the President was guilty of bribery. Like all prosecutors, they know their view of the strength of the case may be irrelevant, since someone else -- judge or jury -- will decide whether they ...


2

The currently accepted answer is incorrect to suggest that the president might not fall within the scope of 18 USC 201. There are two reasons for this. First, the answer claims that whether the president is a "public official" may be called into question because section 201 defines "public official" in terms of "officer or employee,&...


2

There is a federal crime of bribery, 18 USC 201 that makes it a crime to directly or indirectly, corruptly gives, offers or promises anything of value to any public official or person who has been selected to be a public official, or offers or promises any public official or any person who has been selected to be a public official to give anything of value ...


2

This isn’t bribery Bribery is the offer of something of value in return for corruptly performing your job. It isn’t duress either To qualify as duress the threat of harm must be “immediate and inescapable” - a gun to your head right now is; the threat of a gun in the future isn’t. It doesn’t matter how likely that threat of future harm may be, either ...


1

The complaints about the alleged criminal conduct could be lodged with the NYPD or with the DA. In practice, the chances of those charges being brought criminally (even in the face of unequivocal evidence), are almost nil. This conduct happens not infrequently, and is almost never criminally prosecuted. Police and the NYPD generally treat it is a "civil ...


1

Both student and professor would be guilty of academic dishonesty. This is not, anywhere that I know of, a statutory offense, but academic institutions take it very seriously. The student would probably be regraded as having failed, and would likely be expelled. If the student had already graduated when the bribe was discovered, the university might declare ...


1

Probably none. Being a university professor is not a regulated business, and the only conceivable legal limits would be in the case of statutorily-regulated government institutions. I do not know if there has ever been a case where a university professor was sued for damages resulting from raising a grade (hence allowing a student to pass, therefore to get a ...


1

The Washington State bribery statue, RCW 9A.68.010 says it is illegal if you With the intent to secure a particular result in a particular matter involving the exercise of the public servant's vote, opinion, judgment, exercise of discretion, or other action in his or her official capacity, he or she offers, confers, or agrees to confer any ...


1

Questions Does demanding money in a personal injury matter constitute bribery? Can a victim make a conditional police report? Short Answers/Conclusion Demand for monies in pre-litigation scenario may be lawful or constitute criminal extortion depending on the facts and circumstances. A victim has no standing to make a conditional ...


1

I've heard that taking a bribe is illegal as of the moment the bribe is received. The exact law will vary by state. Under Wisconsin law, accepting a bribe is, of course, a crime. Offering to accept a bribe is illegal under the same law. Also, the conspiracy law comes into play "if one or more of the parties to the conspiracy does an act to effect ...


1

Colorado has what is called a "gift ban" which is a prohibition against giving anything of value to any state or local public official as a gift, whether or not there is any attempt to influence the official in his official capacity (subject to certain exceptions, for example, for family members giving normal family gifts). The threshold for a gift to ...


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