In Menendez Case, Prosecutors Confront Tighter Definition of Corruption

In Menendez Case, Prosecutors Confront Tighter Definition of Corruption

September 27, 2023, The New York Times

Arlo Devlin Brown provided commentary to a New York Times article covering the corruption charges brought against U.S. Senator Bob Menendez. Arlo said he believed that if proven, Senator Menendez’s pressuring of an Agriculture Department official very likely satisfies the Supreme Court’s definition of an official act.

Arlo added that the defense may ask the judge to dismiss or narrow the indictment because many of the allegations do not amount to official acts under the Supreme Court’s latest interpretations. He, too, said the judge may leave such questions for a jury to decide, based on the government’s evidence.

Arlo also observed that given the Supreme Court’s tighter definition of corruption, the Southern District may be more conservative in the legal theories it charges and the jury instructions it seeks. “I think public corruption continues to be a significant priority for the U.S. attorney’s office for the Southern District of New York, and I don’t see that changing any time soon,” Arlo said.