United States v. Defreitas, No. 20-3115 (3d Cir. 2022)Annotate this Case
Defreitas, an enforcement officer for the U.S. Virgin Islands (U.S.V.I.) Department of Licensing and Consumer Affairs, asked for sexual favors in exchange for not reporting a female immigrant who was unlawfully present in the U.S.V.I. Defreitas was convicted of soliciting a bribe, V.I. CODE tit. 14, 403, and violating the Travel Act, 18 U.S.C. 1952(a)(3) but was acquitted of a blackmail charge, 18 U.S.C. 873.
The Third Circuit declined the request to certify any questions to the Supreme Court of the Virgin Islands but vacated the convictions, holding hold that the evidence presented was insufficient to prove that Defreitas engaged in an “official act” under either statute. Custom may inform the understanding of official duties when those “duties [are] not completely defined by written rules,” but custom alone cannot establish what constitutes an “official act.” Even assuming that the testimony of Defreitas’s partner established a custom of reporting undocumented immigrants, that evidence was insufficient to prove that Defreitas’s decision not to report was an “official act.” There existed no internal regulation, guideline, or statute that advised the Department to engage in any activity related to the policing of immigration laws.