McDonnell v. United States
Citation: 579 U.S. 550 (2016)
Facts
Robert McDonnell, the Governor of Virginia, accepted loans and gifts from Jonnie Williams, a businessman seeking state universities to conduct research studies on Williams’s dietary supplement. McDonnell arranged meetings between Williams and state officials and attended events on his behalf. McDonnell was convicted of federal Hobbs Act extortion and honest services fraud for performing “official acts” in exchange for the benefits.
Issue
What constitutes an “official act” for purposes of federal bribery and anti-corruption statutes?
Holding
The Supreme Court unanimously reversed McDonnell’s conviction, holding that the jury instructions defining “official act” were too broad. Setting up a meeting, calling another official, or hosting an event does not constitute an official act; there must be a formal exercise of governmental power on a “question, matter, cause, suit, proceeding or controversy.”
Rule
An “official act” under federal bribery law requires: (1) a formal exercise of governmental power; (2) on a specific “question, matter, cause, suit, proceeding or controversy”; (3) that is pending or may be brought before the official. Arranging access or facilitating meetings, without more, does not qualify.
Significance
McDonnell substantially narrowed federal public corruption prosecutions by limiting what counts as an “official act.” It was seen as a victory for public officials and a setback for prosecutors trying to combat pay-to-play corruption that falls short of direct quid pro quo arrangements.