Supreme Court Leaves It to States to Prosecute Corrupt Gratuities

Bloomberg Law

Alessio D. Evangelista Ki P. Hong Jessie K. Liu Theodore R. Grodek

In a recent Supreme Court case, prosecutors unsuccessfully attempted to enhance their anticorruption toolbox by using Section 666 to convict a local official of accepting a gratuity. Partners Ki Hong, Jesse Liu and Alessio Evangelista and associate Theodore Grodek conclude that the case essentially leaves the legal landscape where it started: Federal prosecutors can pursue state and local officials for bribery violations on an honest services fraud theory, but not for receiving gratuities — such violations will have to be enforced by state and local prosecutors under state anticorruption laws.

Reproduced with permission. Published July 9, 2024. Copyright 2024 Bloomberg Industry Group 800-372-1033. For further use please visit