Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Supreme Court Overrules the Nexus Requirement in 18 USC ' 666

By Michael J. Leotta

Several U.S. appellate courts have expressed discomfort with the breadth of 18 U.S.C. ' 666 (“Theft or bribery concerning programs receiving federal funds”) because its literal language makes certain theft and bribery federal crimes even when there is arguably no federal interest. Some circuits construed the statute to require a federal nexus to the wrongdoing, but each circuit that did so adopted a different test. Others refused to limit the statute at all. The Supreme Court last term purported to resolve the circuit split by affirming Congress's power to prohibit the corruption of entities that receive at least $10,000 in federal funds, regardless whether the crime has a federal nexus. United States v. Sabri, 124 S. Ct. 1941 (2004). Sabri rejected the constitutional limits courts had added to the statute, but it did not address the view of some courts that certain words within ' 666 express Congress's intent to limit the statute's reach on grounds of federalism.

What It Says

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs Image

A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.

Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It Image

Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?

Blockchain Domains: New Developments for Brand Owners Image

Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.

Coverage Issues Stemming from Dry Cleaner Contamination Suits Image

In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.