# County official takes bribes: What is the federal jurisdiction? **URL:** \ **Category:** Factual Questions\ **Created:** [March 27, 2009, 3:17pm UTC](https://boards.straightdope.com/t/county-official-takes-bribes-what-is-the-federal-jurisdiction/490997 "2009-03-27T15:17:35Z")\ **Posts on this page:** 6\ **Page:** 1
**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\ **Post date:** [March 27, 2009, 3:17pm UTC](https://boards.straightdope.com/t/county-official-takes-bribes-what-is-the-federal-jurisdiction/490997/1 "2009-03-27T15:17:35Z")
[http://www.palmbeachpost.com/news/content/local\_news/epaper/2009/03/27/0327mccarty.html?cxtype=rss&cxsvc=7&cxcat=76](http://www.palmbeachpost.com/news/content/local_news/epaper/2009/03/27/0327mccarty.html?cxtype=rss&cxsvc=7&cxcat=76) I read this and noticed all of these county commissioners are being tried in federal court. Do any of you legal eagles know under what provision the feds can have the power to regulate a purely local matter like this? ---
**Author:** ![HorseloverFat](https://avatars.discourse-cdn.com/v4/letter/h/8e8cbc/32.png) [@HorseloverFat](https://boards.straightdope.com/u/HorseloverFat)\ **Post date:** [March 27, 2009, 4:16pm UTC](https://boards.straightdope.com/t/county-official-takes-bribes-what-is-the-federal-jurisdiction/490997/2 "2009-03-27T16:16:39Z")
If he used any federal money in his state government, which is likely, then it becomes a federal matter and can be tried in federal court. I also think that congress has granted itself pretty strong anti-corruption powers that have not been challenged by SCOTUS, and probably wont be because of federal money or resources involved. Also, the state can request federal resources and work with federal prosecutors for a federal trial. I think thats what happened with Blago in Illinois. ---
**Author:** ![Freddy\_the\_Pig](https://avatars.discourse-cdn.com/v4/letter/f/a587f6/32.png) [@Freddy\_the\_Pig](https://boards.straightdope.com/u/Freddy_the_Pig)\ **Post date:** [March 27, 2009, 4:36pm UTC](https://boards.straightdope.com/t/county-official-takes-bribes-what-is-the-federal-jurisdiction/490997/3 "2009-03-27T16:36:17Z")
The federal hook in such cases is that its almost impossible to conduct any sort of fraud without using either the mail or interstate telecommunications, which is why such conduct is often described as “mail fraud” or “wire fraud”. The underlying “crime” in this particular case, for which the mail and telecom were used, was “honest services fraud”, a concept that [many have derided as unfairly nebulous](http://library.findlaw.com/2002/Jul/8/132494.html). ---
**Author:** ![HorseloverFat](https://avatars.discourse-cdn.com/v4/letter/h/8e8cbc/32.png) [@HorseloverFat](https://boards.straightdope.com/u/HorseloverFat)\ **Post date:** [March 27, 2009, 5:43pm UTC](https://boards.straightdope.com/t/county-official-takes-bribes-what-is-the-federal-jurisdiction/490997/4 "2009-03-27T17:43:40Z")
Also you can see the limits of the commerce clause by a SCOTUS ruling here: > **[United States v. Lopez](https://en.wikipedia.org/wiki/United_States_v._Lopez)** > > United States v. Alfonso D. Lopez, Jr., 514 U.S. 549 (1995), was a landmark case of the United States Supreme Court that struck down the Gun-Free School Zones Act of 1990 (GFSZA) due to its being outside of Congress's power to regulate interstate commerce. It was the first case since 1937 in which the Court held that Congress had exceeded its power under the Commerce Clause. > The case arose from a San Antonio high school student's challenge to the GFSZA, which banned possession of handguns with... ---
**Author:** ![Elendil\_s\_Heir](https://avatars.discourse-cdn.com/v4/letter/e/7cd45c/32.png) [@Elendil\_s\_Heir](https://boards.straightdope.com/u/Elendil_s_Heir)\ **Post date:** [March 27, 2009, 8:23pm UTC](https://boards.straightdope.com/t/county-official-takes-bribes-what-is-the-federal-jurisdiction/490997/5 "2009-03-27T20:23:09Z")
These cases are usually handled by the Public Integrity Section of the U.S. Department of Justice: [http://www.usdoj.gov/criminal/pin/](http://www.usdoj.gov/criminal/pin/) 18 U.S.C. 201(a) is very broadly worded: [T]he term “public official” means Member of Congress, Delegate, or Resident Commissioner, either before or after such official has qualified, or an officer or employee or person acting for or on behalf of **the United States, or any department, agency or branch of Government thereof, including the District of Columbia** , in any official function, under or by authority of any such department, agency, or branch of Government, or a juror… (emphasis added) [http://www.law.cornell.edu/uscode/html/uscode18/usc\_sec\_18\_00000201----000-.html](http://www.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00000201----000-.html) ---
**Author:** ![Freddy\_the\_Pig](https://avatars.discourse-cdn.com/v4/letter/f/a587f6/32.png) [@Freddy\_the\_Pig](https://boards.straightdope.com/u/Freddy_the_Pig)\ **Post date:** [March 27, 2009, 9:00pm UTC](https://boards.straightdope.com/t/county-official-takes-bribes-what-is-the-federal-jurisdiction/490997/6 "2009-03-27T21:00:47Z")
**Elendil** , that section covers only federal government employees and functions. [The violation here](http://www.palmbeachpost.com/news/content/local_news/epaper/2009/01/08/9108honest.html) is of 18 U.S.C. 1346, [“honest services fraud”](http://www.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00001346----000-.html): > [@](#): > > For the purposes of this chapter, the term “scheme or artifice to defraud” includes a scheme or artifice to deprive another of the intangible right of honest services.