Friday, August 30, 2019

US v. Chi, No. 17-50358 (8-30-19)(Bea w/Rawlinson & Settle). The 9th affirms a conviction on a count of an illegal money transaction over $10,000, pursuant to 18 U.S.C. § 1957. The illegal act was “against a foreign nation,” and specifically “bribery of a foreign official,” pursuant to 18 U.S.C. § 1956. On appeal, defendant argues that the reference to “bribery of a public official” refers to the federal bribery statute, 18 U.S.C. § 201, and required those elements and definitions. The 9th disagrees. The 9th holds that “bribery of a public official” under § 1956 has an ordinary common meaning is not constrained, nor limited, by § 201.  Indeed, the South Korean Criminal Code has an offense that “fits comfortably” within the ordinary meaning of “bribery of a public official.” There was no instructional error. There was also sufficient evidence to support the conviction.

The decision is here:



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