Does a jury need to find that an official was expected to exercise official influence or take official action for the benefit of the payor?

MultiRegion, United States of America

The following excerpt is from United States v. Reichberg, 19-1645-cr (2nd Cir. 2021):

[64] Skelos, 988 F.3d at 656 (emphasis in original) (finding erroneous "instructions requir[ing] only that [the official] be expected to 'perform official acts in exchange for the property'"); see also Silver, 948 F.3d at 568-69 (faulting instructions requiring the jury to find that the official "was 'expected to exercise official influence or take official action for the benefit of the payor'" for permitting the quid pro quo to be "too open-ended" (emphasis omitted)).

[65] United States v. Coplan, 703 F.3d 46, 62 (2d Cir. 2012) (internal quotation marks omitted).

[66] Id. (internal quotation marks omitted).

[67] Id. (emphasis in original) (quoting Jackson v. Virginia, 443 U.S. 307, 319 (1979)).

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