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USA V Calk Documents # 255-10
USA V Calk Documents # 255-10
United States v. Stephen M. Calk
(19‐cr‐366)
June 22, 2021
United States District Court for the
Southern District of New York
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Case 1:19-cr-00366-LGS Document 255-10 Filed 07/13/21 Page 2 of 12
Two Charges:
1. Financial Institution Bribery.
2. Conspiracy to Commit Financial
Institution Bribery.
Mr. Calk is presumed innocent unless the
Government proves that he is guilty beyond a
reasonable doubt.
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Financial Institution Bribery
Elements:
1. At the relevant time, Mr. Calk was an officer,
director, employee or agent of a financial institution.
2. Mr. Calk accepted, solicited or demanded, or agreed
to accept, solicit or demand something of value.
3. Mr. Calk did so corruptly and with the intent to be
influenced or rewarded in connection with any
business or transaction of the financial institution.
4. The value of the thing Mr. Calk accepted was greater
than $1,000.
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Case 1:19-cr-00366-LGS Document 255-10 Filed 07/13/21 Page 4 of 12
Financial Institution Officer
Financial Institution Bribery ‐ Element #1
At the time of the events alleged in the
Indictment, Mr. Calk was an officer, director,
employee or agent of a financial institution.
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Case 1:19-cr-00366-LGS Document 255-10 Filed 07/13/21 Page 5 of 12
Solicitation or Acceptance of
Something of Value
Financial Institution Bribery ‐ Element #2
Mr. Calk accepted, or agreed to accept, or
solicited or demanded something of value.
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Case 1:19-cr-00366-LGS Document 255-10 Filed 07/13/21 Page 6 of 12
Corrupt Intent to Be Influenced
Financial Institution Bribery ‐ Element #3
Mr. Calk accepted, or agreed to accept, or
solicited or demanded something of value
corruptly with intent to be influenced or rewarded
in connection with any business or transactions of
the Federal Savings Bank.
The focus of this element is Mr. Calk’s state of mind.
This element requires conscious wrongdoing ‐‐ a bad
or evil state of mind.
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Case 1:19-cr-00366-LGS Document 255-10 Filed 07/13/21 Page 7 of 12
Value Greater than $1,000
Financial Institution Bribery ‐ Element #4
The thing of value accepted, or agreed to be
accepted, or solicited or demanded by Mr. Calk,
had a value greater than $1,000.
Value may be measured by
• value to Mr. Calk
• the value of the thing exchanged for or
• market value.
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Case 1:19-cr-00366-LGS Document 255-10 Filed 07/13/21 Page 8 of 12
Conspiracy
Elements
1. Two or more persons agreed to violate the
federal law prohibiting financial institution
bribery.
2. Mr. Calk knowingly and willfully became a
member of this conspiracy.
3. Any member of the conspiracy committed an
overt act in furtherance of the conspiracy.
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Case 1:19-cr-00366-LGS Document 255-10 Filed 07/13/21 Page 9 of 12
Existence of the Conspiracy
Conspiracy ‐ Element #1
Two or more people agreed to commit financial
institution bribery.
– The crime is the agreement to violate the law.
– This is separate from the crime of financial
institution bribery.
– Implicit or tacit agreement is enough to satisfy this
element.
– Mere discussion or knowledge of crimes without
agreement to commit them is not enough to satisfy
this element.
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Case 1:19-cr-00366-LGS Document 255-10 Filed 07/13/21 Page 10 of 12
Membership in the Conspiracy
Conspiracy ‐ Element #2
Mr. Calk knowingly and willfully became a member of
the conspiracy:
– he knowingly and willfully associated himself with the
conspiracy
– participated in the conspiracy
– with knowledge of its unlawful purpose
– and intent to aid in its unlawful goal.
– Knowledge without agreement and participation is not
enough.
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Case 1:19-cr-00366-LGS Document 255-10 Filed 07/13/21 Page 11 of 12
Overt Act
Conspiracy ‐ Element #3
At least one member of the conspiracy, not
necessarily Mr. Calk, committed at least one act in
furtherance of the conspiracy.
The act itself does not have to have been criminal, as
long as it was a step in carrying out or aiding any
agreement to commit financial institution bribery.
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Case 1:19-cr-00366-LGS Document 255-10 Filed 07/13/21 Page 12 of 12
Venue
Any act in furtherance of the unlawful activity
occurred within the Southern District of New York.
The Government must prove this element by a
preponderance of the evidence.
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