Prosecution of Public Corruption: An Overview of Amendments Under H.R. 2572 and S. 401

Charles Doyle
Senior Specialist in American Public Law

The Public Corruption Prosecution Improvements Act (S. 401) and the Clean Up Government Act (H.R. 2572) amend federal law governing the prosecution of federal, state, and local officials. They would: 

•       Expand the scope of federal mail and wire fraud statutes to reach undisclosed self-dealing by public officials—in response to Skilling. 

•       Modify the mail and wire fraud statutes to encompass any thing of value not just money or property—in response to Cleveland 

•       Amend the definition of official act for bribery purposes—to overcome the Valdes decision. 

•       Adjust the federal gratuities provision to reach “goodwill” gifts—in response to Sun Diamond. 

•       Bring District of Columbia employees within the coverage of the federal embezzlement statute. 

•       Increase the criminal penalties that attend various bribery, illegal gratuities, embezzlement statutes and related provisions.

They would also change several related procedural provisions:

•       Extend the statute of limitations from five to six years for several corruption offenses. 

•       Authorize the trial of perjury and obstruction charges in the district of the adversely effected judicial proceedings. 

•       Authorize the trial of multi-district cases in any district in which an act in furtherance is committed. 

•       Increase the number of public corruption offenses considered racketeering and wiretap predicate offenses.

This report is available in an abridged version, as CRS Report R42015, Prosecution of Public Corruption: An Abridged Overview of Amendments Under H.R. 2572 and S. 401, by Charles Doyle, which lacks the footnotes, attributions, and citations to authority found in this report. Related CRS Reports include CRS Report R40852, Deprivation of Honest Services as a Basis for Federal Mail and Wire Fraud Convictions, by Charles Doyle, and CRS Report R41930, Mail and Wire Fraud: A Brief Overview of Federal Criminal Law, by Charles Doyle.


Date of Report: September 21, 2011
Number of Pages: 26
Order Number: R42016
Price: $29.95

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