Percoco v. United States – Navigating Between ‘Politics As Usual’ and Sacks of Cash

30 Pages Posted: 5 Jul 2023 Last revised: 13 Oct 2023

Date Written: July 4, 2023

Abstract

In Percoco v. United States, as in other recent cases, the Court’s interest in avoiding prosecution of “normal politics” led it to deploy broad rationales that could threaten cases against far more egregious conduct. Because, even as it reverses convictions, the Court itself suggests alternative means of pursuing the underlying conduct and lower courts – far more engaged with the facts of actual cases – are often quite ready to follow the government’s lead through the thicket of available statutes, it is far from clear that corruption prosecutions have been seriously impeded. But the Court’s message of restraint remains potent, and its consequences remain to be seen.

Keywords: federal criminal law; public corruption; statutory interpretation

JEL Classification: K14, K42

Suggested Citation

Richman, Daniel C., Percoco v. United States – Navigating Between ‘Politics As Usual’ and Sacks of Cash (July 4, 2023). Forthcoming, Yale Law Journal Forum, Columbia Public Law Research Paper No. 4500180, Available at SSRN: https://ssrn.com/abstract=4500180

Daniel C. Richman (Contact Author)

Columbia Law School ( email )

435 West 116th Street
New York, NY 10025
United States

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