United States Third Circuit

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US v. Bencivengo, 13-1836

Defendant-former mayor's conviction of violating the Hobbs Act and the Travel Act for accepting money in exchange for agreeing to influence members of the School Board to refrain from putting the School District's insurance contract up for competitive bidding is affirmed, where: 1) although defendant had no actual power over the award of School Board insurance contracts, the record is sufficient for a reasonable jury to find that defendant's position as mayor gave him influence over members of the School Board, and that the extortion victim believed that he had such influence, which is sufficient to support a Hobbs Act violation; 2) the lack of actual jurisdiction over the decision is no defense to the crime under the Travel Act; and 3) there was no Double Jeopardy error in defendant's prosecution under both the Hobbs Act and the Travel Act.

Appellate Information

  • Decided 04/23/2014
  • Published 04/23/2014

Judges

  • RENDELL

Court

  • United States Third Circuit

Counsel

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