June 26, 2024
Snyder v. United States, No. 23-108 – Decided June 26, 2024
Today, the Supreme Court held 6-3 that a federal bribery statute, 18 U.S.C. § 666(a)(1)(B), does not criminalize after-the-fact “gratuities” paid to state or local government officials in recognition for official acts, where there was no quid pro quo agreement to take those acts.
“The question in this case is whether [federal law] also makes it a crime for state and local officials to accept gratuities—for example, gift cards, lunches, plaques, books, framed photos, or the like—that may be given as a token of appreciation after the official act. The answer is no.”
Justice Kavanaugh, writing for the Court
Background:
Petitioner James Snyder is the former mayor of Portage, Indiana. While Snyder was mayor, Portage contracted with a local truck company to buy garbage trucks worth $1.125 million. Several months later, Snyder solicited and accepted $13,000 from the truck company’s owners, which Snyder contended he received for providing the company with consulting services. It is undisputed that Snyder did not engage in this solicitation until after the city awarded the garbage truck contracts.
Snyder was later indicted for violating 18 U.S.C. § 666, which prohibits state and local officials from “corruptly solicit[ing,] demand[ing,] . . . or accept[ing]” anything of value offered with the intent to “influence[] or reward[]” in connection with certain government business. Snyder moved to dismiss and, after the jury returned a guilty verdict, filed a post-trial motion for acquittal, arguing that Section 666 applies only to acts of quid pro quo bribery and does not criminalize “gratuities” paid in recognition of actions already taken. The district court denied both motions, and the Seventh Circuit affirmed.
Issue:
Does 18 U.S.C. § 666(a)(1)(B) criminalize gratuities, i.e., payments in recognition of actions a state or local official has already taken or committed to take, without any quid pro quo agreement to take those actions?
Court’s Holding:
No. Section 666 applies only to quid pro quoacts of bribery. State and local officials may not be found guilty under this statute unless the prosecution proves that they solicited, demanded, or accepted something of value in exchange for taking an official act.
What It Means:
The Court’s opinion is available here.
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This alert was prepared by associate Cate McCaffrey and partner Jillian London.
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