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DOC 116 Fourth Cir Opinion 2012 0326

DOC 116 Fourth Cir Opinion 2012 0326

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Published by: corruptioncurrents on Mar 26, 2012
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08/20/2012

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PUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
 
U
NITED
S
TATES OF
A
MERICA
,
Plaintiff-Appellee,
v.No. 09-5130
W
ILLIAM
J. J
EFFERSON
,
 Defendant-Appellant.
Appeal from the United States District Courtfor the Eastern District of Virginia, at Alexandria.T. S. Ellis, III, Senior District Judge.(1:07-cr-00209-TSE-1)Argued: December 9, 2011Decided: March 26, 2012Before NIEMEYER, KING, and DUNCAN, Circuit Judges.Affirmed in part, vacated in part, and remanded by publishedopinion. Judge King wrote the opinion, in which Judge Nie-meyer and Judge Duncan concurred.
Appeal: 09-5130 Document: 116 Date Filed: 03/26/2012 Page: 1 of 64
 
COUNSELARGUED:
Lawrence Robbins, ROBBINS, RUSSELL, ENG-LERT, ORSECK, UNTEREINER & SAUBER, LLP, Wash-ington, D.C., for Appellant. Mark D. Lytle, OFFICE OF THEUNITED STATES ATTORNEY, Alexandria, Virginia, forAppellee.
ON BRIEF:
Robert P. Trout, Amy Berman Jack-son, Gloria B. Solomon, TROUT CACHERIS, PLLC, Wash-ington, D.C.; Mark A. Hiller, ROBBINS, RUSSELL,ENGLERT, ORSECK, UNTEREINER & SAUBER, LLP,Washington, D.C., for Appellant. Neil H. MacBride, UnitedStates Attorney, David B. Goodhand, Assistant United StatesAttorney, Rebeca H. Bellows, Assistant United States Attor-ney, Charles E. Duross, Special Assistant United States Attor-ney, Amanda Aikman, Special Assistant United StatesAttorney, OFFICE OF THE UNITED STATES ATTORNEY,Alexandria, Virginia, for Appellee.
OPINION
KING, Circuit Judge:In August 2009, former Louisiana congressman William J.Jefferson was convicted in the Eastern District of Virginia of eleven offenses — including conspiracy, wire fraud, bribery,money laundering, and racketeering — arising from hisinvolvement in multiple bribery and fraud schemes. Jeffersonhas appealed his convictions on several grounds: (1) that anerroneous instruction was given to the jury with respect to thebribery statute’s definition of an "official act"; (2) that anothererroneous instruction was given with respect to the "quid proquo" element of the bribery-related offenses; (3) that Jeffer-son’s schemes to deprive citizens of honest services do notconstitute federal crimes; and (4) that venue was improper onone of his wire fraud offenses.
1
As explained below, we
1
In this appeal, Jefferson challenges his aggregate sentence of 156months in prison only insofar as he contests his convictions.
2U
NITED
S
TATES
v. J
EFFERSON
Appeal: 09-5130 Document: 116 Date Filed: 03/26/2012 Page: 2 of 64
 
affirm all of Jefferson’s convictions save one, which wevacate for improper venue.I.A.As a nine-term congressman, Jefferson represented the Sec-ond District of Louisiana, which includes most of the City of New Orleans. Jefferson, who was first elected to the House of Representatives in 1991, maintained congressional officesboth in the District of Columbia and in New Orleans. Heserved on several committees and subcommittees of theHouse, including the Ways and Means Committee and its sub-committee on trade, and the Budget Committee. During hiscongressional tenure, Jefferson also served as co-chair of theAfrica Trade and Investment Caucus and the CongressionalCaucus on Nigeria.In about March of 2005, the FBI and the Department of Justice began a comprehensive corruption investigation of Representative Jefferson.
2
More than two years later, on June4, 2007, the federal grand jury in Alexandria returned asixteen-count indictment charging him as follows:Count 1 Conspiracy to solicit bribes, commithonest services wire fraud, and violate the For-eign Corrupt Practices Act, in violation of 18U.S.C. § 371;Count 2 Conspiracy to solicit bribes and com-mit honest services wire fraud, in contraventionof 18 U.S.C. § 371;
2
In 2006, Jefferson was reelected to the House of Representatives,despite the ongoing and publicly exposed corruption investigation.
3U
NITED
S
TATES
v. J
EFFERSON
Appeal: 09-5130 Document: 116 Date Filed: 03/26/2012 Page: 3 of 64

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