Extortion of a Bribery Case in the United States - The Hobbs Act Extortion in the Former Governor Blagojevich Case -
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The former Governor of Illinois, Rod Blagojevich, was impeached and removed from office in 2009 after he was charged with corruption by a federal prosecutor. He was indicted for attempted extortion, extortion conspiracy, solicitation of a bribe, and making false statements to federal agents, and sentenced for the 14 years imprisonment in his corruption trial. After the United State Supreme Court denied hearing his case, his case was finalized in 2016 with the same 14-year imprisonment. This Blagojevich case is rather interesting to see how an elected public official in the United States is impeached and charged with corrupted actions related to bribery and extortion although the former governor had not received any campaign contributions or a job position as a result of his conducts. This paper mainly focuses on the issues of extortion, including the theory of extortion “under color of official right,” by reviewing how the Hobbs Act extortion is interpreted and applied in the Blagojevich case to find out how he was charged with extortion. This case may be exemplary to the bribery scandals of public officials in Korea in 2016 which led its Government's head to an impeachment trial.
Abstract
The former Governor of Illinois, Rod Blagojevich, was impeached and removed from office in 2009 after he was charged with corruption by a federal prosecutor. He was indicted for attempted extortion, extortion conspiracy, solicitation of a bribe, and making false statements to federal agents, and sentenced for the 14 years imprisonment in his corruption trial. After the United State Supreme Court denied hearing his case, his case was finalized in 2016 with the same 14-year imprisonment. This Blagojevich case is rather interesting to see how an elected public official in the United States is impeached and charged with corrupted actions related to bribery and extortion although the former governor had not received any campaign contributions or a job position as a result of his conducts. This paper mainly focuses on the issues of extortion, including the theory of extortion “under color of official right,” by reviewing how the Hobbs Act extortion is interpreted and applied in the Blagojevich case to find out how he was charged with extortion. This case may be exemplary to the bribery scandals of public officials in Korea in 2016 which led its Government's head to an impeachment trial.
참고문헌 (9)
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- Silverglate, A. Harvey, "Tawdry or Corrupt? McDonnell Fails to Draw a Clear Line for Federal Prosecution of State Officials", Cato Supreme Court Review, 2016, pp.189~ (2015)
- Zitter, M. Jay, "What Constitutes Obstruction, Delay, or Effect upon Commerce for Purposes of Hobbs Act(18 U.S.C.A. § 1951)—Extortion Cases", American Law Reports 2d, 24, pp.1~