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United States v. Jefferson

United States District Court for the Eastern District of Virginia
634 F. Supp. 2d 595 (2009)

Written by Sharon Feldman, JD

Facts

William Jefferson (defendant), a United States congressperson, was indicted for taking bribes in connection with efforts to obtain financial and business-development assistance for African business ventures. The indictment alleged that in exchange for things of value, Jefferson exerted his influence as a congressperson on U.S. and African government officials and agencies through various official acts. The alleged official acts included using official travel to meet with foreign officials, holding meetings with U.S. and foreign officials in the United States, and corresponding (at times on congressional letterhead) with U.S. and foreign officials and agencies. Jefferson moved to dismiss the indictment, contending that the indictment did not identify any “official act” that he performed in exchange for something of value. Denying the motion, the court held that an official act must be among the official duties or settled customary duties or practices of the official, and performance of the act must involve or affect a government decision or action. The government moved for clarification. Jefferson moved for reconsideration of his dismissal motion or exclusion of evidence of conduct that fell outside the definition of an official act.

Rule of Law

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Holding and Reasoning (Ellis III, J.)

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