Second Circuit – Federal programs bribery: United States v. Mangano

United States Court of Appeals for the Second Circuit

Federal programs bribery

Agent of government

United States v. Mangano

22-861(L)

Judges Livingston, Lynch, and Robinson

Background: The defendant challenged his conviction for conspiracy to commit federal programs bribery and honest services fraud as well as his conviction of conspiracy to obstruct justice. He argues that the jury instructions were improper and that there was insufficient evidence to uphold the convictions.

Ruling: The Second Circuit held that the court properly instructed the jury as to the conspiracies to commit honest service fraud and obstruction of justice charges. The court further held that the evidence was insufficient to convict him of conspiracy to commit federal programs bribery as the defendant was not acting as an agent of government seeking to influence the local government’s business for the benefit of himself.

Catherine M. Mirabile, assistant United States attorney, for the respondent; Morris J. Fodeman, of Wilson Sonsini Goodrich & Rosati, and Bradley D. Simon, of Schlam Stone & Dolan,  for the defendants-appellants.

Oral argument audio