United States v. Calk, No. 22-313 (2d Cir. 2023)
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A jury convicted Defendant of one count of financial institution bribery in violation of Section 215(a)(2) and one count of conspiracy to commit financial institution bribery. The district court sentenced Defendant to a term of 366 days’ imprisonment, followed by two years’ supervised release, and imposed a $1.25 million fine. On appeal, Defendant raiseed four challenges. First, Defendant challenged (a) what constitutes “corrupt” conduct under Section 215(a); (b) what constitutes a “thing of value” under Section 215(a); and (c) how to determine the monetary value of a “thing of value” under Section 215(a), all elements of the crime. Second, Defendant argued that there is insufficient evidence in the record to uphold his convictions. Third, Defendant argued that the district court’s jury instructions were erroneous. Fourth, Defendant claimed that the district court failed to exclude prejudicial testimony that the prosecution allegedly procured through the improper use of a grand jury subpoena.
The Second Circuit affirmed and concluded that Defendant’s challenges are without merit. First the court explained that “corrupt” conduct describes actions motivated by an improper purpose, even if such actions (a) did not entail a breach of duty, and (b) were motivated in part by a neutral or proper purpose, as well as by an improper purpose. Second, that a “thing of value” may cover subjectively valuable intangibles, such as political assistance, including endorsements, guidance, and referrals. Third, that the “thing of value” may be measured by its value to the parties, by the value of what it is exchanged for, or by its market value.
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