When federal prosecutors encounter corrupt conduct by a state or local official, they may reach for a potentially useful tool ' Congress's attempt to prevent theft or bribery 'concerning programs receiving Federal funds,' 18 U.S.C.
'Theft or Bribery': The Circuit Split Over the Federal Nexus Element
When federal prosecutors encounter corrupt conduct by a state or local official, they may reach for a potentially useful tool ' Congress's attempt to prevent theft or bribery 'concerning programs receiving Federal funds,' 18 U.S.C. ' 666. In applying this statute, however, a federal prosecutor's reach must not exceed Constitutional limits on what Congress may grasp. Defining those limits has proved particularly challenging in recent years, as three circuits have inferred different Constitutional limits on ' 666's enforcement.
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