NCJ Number
178084
Journal
American Criminal Law Review Volume: 36 Issue: 3 Dated: Summer 1999 Pages: 629-659
Date Published
1999
Length
32 pages
Annotation
This article discusses six Federal laws dealing with conflict of interest in terms of the elements of the offenses, the defenses, and the penalties.
Abstract
Congress enacted most of the laws in the post-Watergate era to prevent and punish corruption of public officials. The offenses include offering or accepting a bribe, offering or accepting an improper gratuity, unauthorized compensation, prohibitions on members of Congress from practicing in the United States Court of Federal Claims or the United States Court of Appeals for the Federal Circuit, and prohibitions of government employees from prosecuting claims against the government or representing others before a list of select government forums. Other provisions deal with post-employment lobbying and representation, participating in activities in which an official has a financial interest, and improperly accepting outside salaries. The defenses commonly raised against bribery are seldom successful; these include entrapment, outrageous government conduct, and others. A defense involving official misstatement of law has been successful with respect to cases of conflict of interest. The only defenses raised in recorded opinions related to post-employment lobbying have been attempts to deny that the government has proved all the elements of the offense. The defense of multiplicity has been successful with respect to actions affecting financial interests. Footnotes