United States DC Circuit

In case where undercover FBI informant gave cash to defendant detective as a reward for searching police databases to supply otherwise publicly available information to the informant, conviction for receiving an illegal gratuity for or because of an official act is reversed as the government failed to show that the acts for which defendant received compensation fell within the scope of 18 U.S.C. section 201(c)(1)(B) and the court's jury charge was error.

Appellate Information

• Decided 02/09/2007
• Published 02/09/2007

Judges

• Before:  GINSBURG, Chief Judge, SENTELLE, HENDERSON, RANDOLPH, ROGERS, TATEL, GARLAND, BROWN, GRIFFITH, and KAVANAUGH, Circuit Judges, and EDWARDS and WILLIAMS, Senior Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Paul H. Zukerberg argued the cause and filed the briefs for appellant., Blair G. Brown and Barak Cohen were on the brief for amicus curiae the National Association of Criminal Defense Lawyers in support of appellant.


• For Appellees:
  
• Lisa H. Schertler, Assistant U.S. Attorney, argued the cause for appellee.   With her on the brief were Kenneth L. Wainstein, U.S. Attorney at the time the brief was filed, and Roy W. McLeese, III and J. Patrick Rowan, Assistant U.S. Attorneys., J. Gerald Hebert was on the brief for amicus curiae the Campaign Legal Center in support of appellee.