Introduction

The case of United States of America v. Dean Skelos and Adam Skelos (988 F.3d 645) presents a significant decision by the United States Court of Appeals for the Second Circuit. Dean Skelos, a former Majority Leader of the New York State Senate, and his son Adam Skelos faced multiple public corruption charges, including conspiracy to commit extortion and acceptance of gratuities. Central to their appeal was the government's reliance on the "as opportunities arise" theory of bribery, especially in light of the Supreme Court's narrowing of the "official act" definition in McDonnell v. United States. This commentary delves into the background, judicial reasoning, and broader implications of the Second Circuit's affirmation of the Skelos convictions.

Summary of the Judgment

Dean and Adam Skelos were convicted on multiple public corruption charges, including conspiracy to commit extortion, Hobbs Act extortion, conspiracy to commit honest services fraud, and solicitation and acceptance of bribes and gratuities. The primary contention on appeal revolved around the "as opportunities arise" theory of bribery and whether it remained valid post-McDonnell. Additionally, the Skelos challenged jury instructions, venue appropriateness, and other procedural aspects. The Second Circuit thoroughly analyzed these arguments and ultimately AFFIRMED the convictions, deeming the defendants' challenges without merit.

Analysis

Precedents Cited

The judgment extensively referenced several key precedents:

• McDonnell v. United States (2016): This Supreme Court decision narrowed the definition of an "official act," requiring more specificity in bribery cases.
• Silver v. United States: Reaffirmed the "as opportunities arise" theory of bribery, clarifying its compatibility with the McDonnell ruling.
• United States v. Ganim: Supported the notion that specific promises to perform official acts can satisfy bribery elements.
• United States v. Bruno: Further upheld the "as opportunities arise" theory, emphasizing that explicit pre-agreed acts are not necessary.

These precedents played a pivotal role in shaping the court's stance on maintaining the validity of the "as opportunities arise" theory.

Legal Reasoning

The court's legal reasoning centered on affirming the continued viability of the "as opportunities arise" theory despite the McDonnell decision. While McDonnell introduced a more stringent definition of "official act," the Second Circuit, in Silver, clarified that the theory remains valid provided there is evidence of specific and focused questions or matters to be influenced.

In the Skelos case, the court found that the government presented sufficient circumstantial evidence demonstrating that Dean Skelos understood he was expected to act on specific legislative matters—such as the renewal of Section 421-a and extenders legislation—for the benefit of Glenwood Management, AbTech Industries, and Physician's Reciprocal Insurers (PRI). The court also addressed the Skeloses' challenges to jury instructions, venue, and other procedural matters, ultimately finding them unavailing.

Impact

This judgment reinforces the Second Circuit's stance on public corruption, particularly regarding the "as opportunities arise" theory. By upholding the convictions, the court sends a clear message that public officials cannot exploit their positions for personal gain, even if the quid pro quo arrangements are vaguely defined rather than explicitly stated. This case serves as a critical reference point for future litigation involving public corruption and the scope of bribery theories post-McDonnell.

Complex Concepts Simplified

"As Opportunities Arise" Theory of Bribery

This theory posits that a public official can be convicted of bribery even if there isn't a pre-agreed specific act in exchange for a bribe. Instead, the expectation that the official will perform certain types of acts when opportunities present themselves suffices to establish a corrupt intent.

"Official Act"

Post-McDonnell, an "official act" requires more than a general promise to perform actions; it must involve a specific, focused, and concrete question or matter that is pending or may be brought before the official by law.

Hobbs Act Extortion

Under the Hobbs Act (18 U.S.C. § 1951), extortion involves obtaining property through coercion or threats, which in this context pertains to public officials misusing their authority to extract benefits.

Gratuities under 18 U.S.C. § 666

This statute prohibits state and local officials from soliciting or accepting anything of value intended to influence their official acts or decisions, covering both outright bribery and the acceptance of gifts or favors (gratuities).

Conclusion

The Second Circuit's decision in United States of America v. Dean and Adam Skelos underscores the judiciary's commitment to combating public corruption through established legal frameworks. By affirming the "as opportunities arise" theory, the court maintained a crucial tool for prosecuting corrupt public officials, even in scenarios lacking explicit quid pro quo arrangements. This reaffirmation not only upholds the integrity of public office but also ensures that the legal system retains flexibility in addressing the nuanced ways in which corruption can manifest.

Moving forward, this judgment will likely serve as a key reference in similar public corruption cases, reinforcing the importance of circumstantial evidence in establishing corrupt intent and the necessity of precise jury instructions in the wake of evolving Supreme Court interpretations.