Law Enforcement

Senator Patrick Leahy (D-VT), Chairman of the Senate Judiciary Committee, has asked NAAUSA for input on S. 49, a bill to help Federal prosecutors and investigators combat public corruption by strengthening and clarifying the law.

 

The Public Corruption Prosecution Improvements Act amends the federal criminal code to: (1) establish a six-year limitation period for the prosecution of certain public corruption crime relating to bribery, theft of government property, mail fraud, and racketeering; (2) revise prohibitions against mail and wire fraud to include the taking of any other thing of value (in addition to money or property) in the commission of such crimes; (3) expand the prohibition against bribery in connection with programs receiving federal financial assistance; (4) increase maximum penalties for theft of government property, bribery, and other public corruption offenses; (5) include certain government theft and bribery offenses as predicates for racketeering prosecutions and wiretaps; (6) revise the definition of "official act" for purposes of public corruption prosecutions; and (7) expand venue requirements for perjury and obstruction of justice proceedings.

Authorizes appropriations for additional Department of Justice personnel to investigate and prosecute public corruption offenses.

Directs the U.S. Sentencing Commission to review and amend its guidelines and policy statements applicable to public corruption offenses to reflect increased penalties for such crimes.

 

NAAUSA MEMBERS INVOLVED IN PUBLIC CORRUPTION CASES SHOULD CONTACT NAAUSA WITH THEIR COMMENTS ON THIS ISSUE.

On November 17, Senators Leahy (D-VT) and Hatch (R-UT) and Representatives Delahunt (D-MA) and Gohmert (R-TX) introduced "The Enhanced Restitution Enforcement and Equitable Retirement Treatment Act of 2009," S. 2786 and H.R. 4091, respectively.

AUSAs must take action NOW to contact Congress and build support for legislation.
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