United States v. Heon-Cheol Chi, No. 17-50358 (9th Cir. 2019)
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The Ninth Circuit affirmed defendant's conviction for engaging in a monetary transaction of over $10,000 derived from a specified unlawful activity, in violation of 18 U.S.C. 1956. In this case, defendant, a citizen of South Korea employed at a government-funded research institute, solicited and received payments from two seismometer manufacturers in exchange for ensuring that the research institute purchased their products, and gave the companies inside information about their competitors.
The panel held that "bribery of a public official" in section 1956 is defined by that phrase's ordinary, contemporary, common meaning and is not constrained by 18 U.S.C. 201, a statute to which section 1956 makes no reference. Because the panel found the crime described in Article 129 of the South Korean Criminal Code fits comfortably within the ordinary meaning of "bribery of a public official" as used in section 1956, the panel held that the indictment was sufficient and that there was no instructional error.
Court Description: Criminal Law The panel affirmed a conviction under 18 U.S.C. § 1957 for engaging in a monetary transaction of over $10,000 derived from a “specified unlawful activity,” in a case in which the defendant, a citizen of South Korea who was employed as a principal researcher and director at a government-funded geological research institute in South Korea, solicited and received payments from two seismometer manufacturers in exchange for ensuring that the research institute purchased their products, and gave the companies inside information about their competitors. The “specified unlawful activity” articulated in the indictment was, as defined in 18 U.S.C. § 1956(c)(7)(B), “an offense against a foreign nation involving . . . bribery of a public official;” and the offense against a foreign nation involving “bribery of a public official” was Article 129 of the South Korean Criminal Code. The panel held that “bribery of a public official” in § 1956 is defined by that phrase’s “ordinary, contemporary, common meaning,” and is not constrained by the federal bribery statute, 18 U.S.C. § 201, a statute to which § 1956 makes no reference. The panel held that because the crime described in Article 129 fits comfortably within the ordinary meaning of “bribery of a public official” as used in § 1956, UNITED STATES V. CHI 3 the indictment was sufficient and there was no instructional error.
The court issued a subsequent related opinion or order on November 19, 2019.
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