Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Second Circuit Holds No Special Standard for Charging Campaign Contributions As Bribes, Reinstates Charges Against Former NY Lieutenant Governor
On March 8, 2024, the United States Court of Appeals for the Second Circuit issued an opinion reversing the dismissal of the three top counts in the indictment of Brian Benjamin, New York's then-sitting Lieutenant Governor: federal programs bribery (in violation of 18 U.S.C. §666(a)(1)(B)), honest services wire fraud (in violation of 18 U.S.C. §§1343 and 1346), and a conspiracy to commit those crimes. See, United States v. Benjamin, 95 F.4th 60 (2024). These bribery charges all stemmed from allegations that in exchange for campaign contributions that Harlem real estate developer Gerald Migdol made to Benjamin's unsuccessful campaign for New York City Comptroller, Benjamin agreed to use, and did use, his power as a sitting state senator in an effort to direct state funds to a non-profit organization Migdol ran.
Judge J. Paul Oetken of the Southern District of New York had dismissed these counts before trial, a step rarely taken in a federal criminal case, on the ground that the indictment did not even allege certain facts that the government was legally required to prove in order to sustain the bribery claims. Specifically, Judge Oetken held that the indictment was insufficient on its face because: a) it did not allege that there had been an explicitly stated "quid pro quo" agreement between Migdol and Benjamin; and b) such an allegation (and ultimately proof) of an expressly stated quid pro quo agreement was legally required in a case where the alleged "quid," meaning the bribe payment, was a campaign contribution. Judge Oetken also held that in non-campaign contribution cases, by contrast, proof (and therefore an allegation) of an expressly stated quid pro quo agreement was not required; instead, in non-campaign contribution cases proof of the necessary quid pro quo agreement could instead be inferred by the jury from evidence of all the facts and circumstances before it.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- 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
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.