Federal Prosecution Of Public Corruption In The United States
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Federal Prosecution Of Public Corruption In The United States
Several statutes, mostly codified in Title 18 of the United States Code, provide for federal prosecution of public corruption in the United States. Federal prosecutions of public corruption under the Hobbs Act (enacted 1934), the mail and wire fraud statutes (enacted 1872), including the honest services fraud provision, the Travel Act (enacted 1961), and the Racketeer Influenced and Corrupt Organizations Act (RICO) (enacted 1970) began in the 1970s. "Although none of these statutes was enacted in order to prosecute official corruption, each has been interpreted to provide a means to do so." The federal official bribery and gratuity statute, 18 U.S.C. § 201 (enacted 1962), the Foreign Corrupt Practices Act (FCPA) 15 U.S.C. § 78dd (enacted 1977), and the federal program bribery statute, 18 U.S.C. § 666 (enacted 1984) directly address public corruption. The statutes differ in their jurisdictional elements, the mens rea that they require (for example, a quid pro quo or a nexus), ...
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Title 18 Of The United States Code
Title 18 of the United States Code is the main criminal code of the federal government of the United States. The Title deals with federal crimes and criminal procedure. In its coverage, Title 18 is similar to most U.S. state criminal codes, which typically are referred to by such names as Penal Code, Criminal Code, or Crimes Code. Typical of state criminal codes is the California Penal Code. Many U.S. state criminal codes, unlike the federal Title 18, are based on the Model Penal Code promulgated by the American Law Institute. Part I—Crimes Chapters 1–10 : General Provisions * is repealed. * defines Principal (criminal law), principals. * defines and provides punishment for "Accessory (legal term), accessory after the fact". * defines and provides punishment for "misprision of felony". * defines "United States". * defines "Ministry (government department), department" and "agency (law), agency". * defines "special maritime and territorial jurisdiction of the Uni ...
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Federalism
Federalism is a combined or compound mode of government that combines a general government (the central or "federal" government) with regional governments (Province, provincial, State (sub-national), state, Canton (administrative division), cantonal, territorial, or other sub-unit governments) in a single political system, dividing the powers between the two. Federalism in the modern era was first adopted in the unions of states during the Old Swiss Confederacy. Federalism differs from Confederation, confederalism, in which the general level of government is subordinate to the regional level, and from devolution within a unitary state, in which the regional level of government is subordinate to the general level. It represents the central form in the pathway of regional integration or separation, bounded on the less integrated side by confederalism and on the more integrated side by devolution within a unitary state. Examples of a federation or federal province or state include ...
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United States Circuit Court Of The District Of Columbia
The United States Circuit Court of the District of Columbia (in case citations, C.C.D.C.) was a United States federal court which existed from 1801 to 1863. The court was created by the District of Columbia Organic Act of 1801. History The D.C. circuit court was not one of the United States circuit courts established by the Judiciary Act of 1789. The Circuit Court of the District of Columbia was established on February 27, 1801 by the District of Columbia Organic Act of 1801, 2 Stat. 103, which authorized one chief judge and two assistant judges who were to serve during good behavior. Congress granted the court the same powers as the U.S. circuit courts as well as local civil and criminal jurisdiction within the District of Columbia. On March 3, 1801, by 2 Stat. 123, Congress authorized the chief judge of the Circuit Court of the District of Columbia to hold the United States District Court for the District of Potomac, but this jurisdiction was short lived. On March 8, 1802, by 2 St ...
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Common Law Offence
Common law offences are crimes under English criminal law, the related criminal law of some Commonwealth countries, and under some U.S. State laws. They are offences under the common law, developed entirely by the law courts, having no specific basis in statute. Australia Under the criminal law of Australia the Criminal Code Act 1995 (Commonwealth) abolished all common law offences at the federal level.History of Australian Criminal Law
Parliament of Australia Library
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Federal Impeachment In The United States
Impeachment in the United States is the process by which the House of Representatives brings charges against a civil federal officer, the vice president, or the president for misconduct alleged to have been committed. The United States House of Representatives can impeach a party with a simple majority of the House members present or such other criteria as the House adopts in accordance with Article One, Section 2, Clause 5 of the United States Constitution. Most state legislatures can impeach state officials, including the governor, in accordance with their respective state constitution. Most impeachments have concerned alleged crimes committed while in office, though there is no requirement for the misconduct to be an indictable crime. There have been a few cases in which officials have been impeached and subsequently convicted for crimes committed prior to taking office. An earlier version from 2005 is at https://www.senate.gov/reference/resources/pdf/98-806.pdf . Ther ...
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Article Two Of The United States Constitution
Article Two of the United States Constitution establishes the executive branch of the federal government, which carries out and enforces federal laws. Article Two vests the power of the executive branch in the office of the president of the United States, lays out the procedures for electing and removing the president, and establishes the president's powers and responsibilities. Section 1 of Article Two establishes the positions of the president and the vice president, and sets the term of both offices at four years. Section 1's Vesting Clause declares that the executive power of the federal government is vested in the president and, along with the Vesting Clauses of Article One and Article Three, establishes the separation of powers among the three branches of government. Section 1 also establishes the Electoral College, the body charged with electing the president and the vice president. Section 1 provides that each state chooses members of the Electoral College in a manner d ...
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Skilling V
Skilling may refer to: ;Places * Skilling, Dorset, England * Skilling Island, Antarctica ;People * Chauncey Fitch Skilling (1868-1945), American architect * H. Gordon Skilling (1912-2001), Canadian political scientist * Jeffrey Skilling (born 1953), American former CEO of Enron Corporation, brother of Tom Skilling * John Skilling (1921–1998), American civil engineer and architect * Mark Skilling (born 1972), Scottish footballer * Tom Skilling (born 1952), American meteorologist in Chicago, Illinois, brother of Jeffrey Skilling ;Other * Skilling (Scandinavian monetary unit) The skilling (pronounced ''shilling'' in English) was the Scandinavian equivalent of the shilling. It was used as a subdivision of the various kinds of currencies named rigsdaler in use throughout Scandinavia, including the Danish rigsdaler, the ..., a historical form of currency * '' Skilling v. United States'', a U.S. Supreme Court case See also * Skillings {{disambiguation, surname English-language ...
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Evans V
Evans may refer to: People *Evans (surname) *List of people with surname Evans Places United States *Evans Island, an island of Alaska *Evans, Colorado *Evans, Georgia *Evans County, Georgia *Evans, New York *Evans Mills, New York *Evans City, Pennsylvania *Evans, West Virginia Elsewhere *Évans, in France *Cape Evans, in Antarctica Creeks *Evans Creek (Peters Creek), a tributary of Peters Creek in California * Evans Creek (Tuscarawas River), a stream in Ohio *Evans Creek (Devils River), a stream in Texas Businesses and organizations *Robert B. Evans, founder of Evans Industries *Evans (retailer), of the United Kingdom *Evans Cycles, a United Kingdom bicycle retailer *Bob Evans Restaurants, a chain operated by Bob Evans Farms, Inc. of the United States *H. C. Evans, a defunct manufacturer of casino, amusement park and fairground equipment in the United States *D'Addario (manufacturer), a drumhead manufacturer also known as "Evans" Transportation *Evans station (Muni Metro) ...
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McCormick V
McCormick may refer to: Business * McCormick & Company, an American food company specializing in spices and flavorings * McCormick & Schmick's, an American restaurant chain specializing in seafood * McCormick Harvesting Machine Company, a manufacturer of the first mechanical reaper * McCormick Distilling Company, an American distillery * McCormick Tractors, a manufacturer of tractors, headquartered in Fabbrico, Italy Education * McCormick Observatory, at the University of Virginia * McCormick Theological Seminary, a Presbyterian school of theology in Chicago, Illinois * Robert R. McCormick School of Engineering and Applied Science, at Northwestern University, Evanston, Illinois Places in the United States * McCormick, Illinois * McCormick, South Carolina * McCormick, Washington * McCormick Gap, a windgap in Virginia Sports * McCormick Place, an exposition complex in Chicago, Illinois * McCormick Field, a Minor League Baseball park in Asheville, North Carolina Other uses * M ...
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McNally V
McNally may refer to: * McNally (surname), an Irish surname * McNally (crater), a crater on the Moon * Re Wakim; Ex parte McNally, a case decided in the High Court of Australia * McNally v. United States, a court case on the definition of mail fraud See also * Bishop McNally High School in Calgary, Alberta, Canada * McNally High School in Edmonton, Alberta, Canada * McNally Robinson, a small chain of Canadian independent bookstores * McNally Smith College of Music, a music school based in Saint Paul, Minnesota * Rand McNally Rand McNally is an American technology and publishing company that provides mapping, software and hardware for consumer electronics, commercial transportation and education markets. The company is headquartered in Chicago, with a distribution c ...
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Public Integrity Section
The Public Integrity Section (PIN) is a section of the Criminal Division of the U.S. Department of Justice charged with combating political corruption at all levels of government through the prosecution of corrupt federal, state, and local elected and appointed public officials. Role The Public Integrity Section holds exclusive jurisdiction over prosecution of alleged criminal misconduct by federal judges, monitors the investigation and prosecution of election and conflict of interest crimes. It consolidates into one unit the U.S. Department of Justice's oversight responsibilities for prosecuting criminal abuses of the public trust by elected and appointed government officials. In addition to prosecuting cases, PIN also advises and assists prosecutors and agents in the field in handling public corruption cases. PIN has about 30 prosecutors who "travel the country to help local United States attorney’s offices develop complex and often politically contentious corruption cases". ...
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Mail And Wire Fraud
Mail fraud and wire fraud are terms used in the United States to describe the use of a physical or electronic mail system to defraud another, and are federal crimes there. Jurisdiction is claimed by the federal government if the illegal activity crosses interstate or international borders. Mail fraud Mail fraud was first defined in the United States in 1872. provides: Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful use any counterfeit or spurious coin, obligation, security, or other article, or anything represented to be or intimated or held out to be such counterfeit or spurious article, for the purpose of executing such scheme or artifice or attempting so to do, places in any post office or authorized depository for mail ...
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