Evans v. United States
Citation: 504 U.S. 255 (1992)
Facts
Evans, a county commissioner in Georgia, accepted money from an undercover FBI agent who was posing as a real estate developer seeking favorable zoning. Evans did not affirmatively induce the payment; the agent simply offered it and Evans accepted.
Issue
Does the Hobbs Act require the government to prove that a public official induced a bribe, or is mere acceptance sufficient for extortion under color of official right?
Holding
A public official commits Hobbs Act extortion under color of official right by accepting a bribe in exchange for the exercise of official power, even without actively inducing the payment.
Rule
Extortion under color of official right (Hobbs Act): the government need not prove inducement by the public official. Knowing acceptance of a payment made in return for an official act is sufficient. The coercive element is supplied by the office itself.
Significance
- Resolves a circuit split on the inducement question
- Makes it significantly easier to prosecute public corruption under the Hobbs Act — government does not need to prove active solicitation
- Distinguished from Scheidler v. NOW (extortion requires obtaining property from another, not just depriving them of it)
- Widely used in federal corruption cases alongside § 1346 (honest services fraud)