United States Third Circuit

The Bribery Act does not create a fiduciary relationship between defendant and the public. Absent an impermissible prosecution theory based on US v. Margiotta, 688 F.2d 108 (2d Cir. 1982), defendant could have presented evidence to disprove that his participation in a scheme was anything more than ordinary and legal patronage. Mail fraud and Travel Act convictions are reversed.

Appellate Information

• Decided 03/19/2003
• Published 03/19/2003

Judges

• Before BECKER, Chief Judge, SCIRICA and MCKEE, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Lawrence S. Lustberg (Argued), Kevin McNulty, Gibbons, Del Deo, Dolan, Griffinger & Vecchione, Newark, for Appellant.


• For Appellees:
  
• Christopher J. Christie, United States Attorney, George S. Leone (Argued), Chief, Appeals Division, Office of the United States Attorney, Newark, for Appellee.