Federal Criminal Law (Assault & Bribery) Flashcards
Barney is an off-duty federal law enforcement agent. He is sitting in a bar drinking beer and watching a football game. Fred, another patron in the bar who Barney has never met, is creating a disturbance, making it difficult for Barney to watch the game. Barney asks Fred to “hold it down.” Fred walks up to Barney and hits Barney in the face, breaking two of Barney’s teeth. Fred can be criminally charged with:
Answers
a. Assault under state law
b. Violating Barney’s Constitutional Rights under 42 U.S.C. §1983.
c. Assault of a federal officer under 18 U.S.C. § 111
d. A tort under either state or federal law.
a. Assault under state law
CORRECT: Fred assaulted and battered Barney, but did not commit any offense under federal law
Casper, a retired federal law enforcement officer, walks into a restaurant to have dinner. As he is seated a man walks up to him and says, “Remember me? You are the “Fed” that arrested me and sent me to prison for five years.” The man then punches Casper in the face, cutting his lip and knocking out his dentures. The suspect is arrested and charged with assault on a federal officer pursuant to 18 U.S.C. §111. This charge should be:
Answers
a. Dismissed, because Casper is no longer a federal law enforcement officer.
b. Dismissed, because Casper did not suffer sufficient injuries that required medical attention.
c. Prosecuted in federal court, because the suspect assaulted Casper on account of Casper’s performance of official duties during his law enforcement career.
d. Only prosecuted in state court, because there is no federal criminal law violation.
c. Prosecuted in federal court under 18 U.S.C. §111, because the suspect assaulted Casper on account of Casper’s performance of official duties during his law enforcement career.
CORRECT: The statute, 18 U.S.C. §111, authorizes prosecution if the assault occurs against a former federal law enforcement officer, so long as the assault is on account of the performance of official duties during such person’s term of service.
Billy Bob is an undercover federal investigator working hard to obtain evidence against Harry Doubletree in a sophisticated scheme to defraud a wealthy widow. While working in an undercover capacity, Billy Bob confronts Harry Doubletree with facts indicating the scheme to defraud the widow. This makes Harry Doubletree mad, so he punches Billy Bob in the face. When he hit Billy Bob, Harry Doubletree had absolutely no idea that Billy Bob was a federal investigator. Can Harry Doubletree be successfully prosecuted for Assault on a Federal Officer under 18 U.S.C. § 111?
Answers
a. No, because the Harry Doubletree had no idea that Billy Bob was working in an undercover capacity.
b. No, because Billy Bob did not announce his federal status that he was in fact a federal officer.
c. Yes, because every federal officer is protected under the statute anytime they are assaulted.
d. Yes, because Billy Bob was working in an undercover capacity.
d. Yes, because Billy Bob was working in an undercover capacity.
CORRECT: Billy Bob was assaulted while in the performance of his duties. The perpetrators knowledge of Billy Bob’s status is not an issue when the officer is in the performance of his duties (working in an undercover capacity).
Which of the following is not an offense under 18 U.S.C. § 111 (Assault on a Federal Officer or Employee)?
ANSWERS
a. Bob is a federal agent for the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). I smack him, because I do not like ATF employees who enforce firearms laws.
b. red is an ATF investigator working undercover, I try to smack him for being ugly, but I miss.
c. Bruce is an ATF investigator. He lives next to Billy Bob, a retired police officer. Bruce’s wife’s dog just wrecked Billy Bob’s yard by digging holes in it. Billy Bob knows Bruce is an ATF investigator. Billy Bob does not care that Bruce was a federal employee. Because of what the dog did, Billy Bob walks up to Bruce after Bruce gets home from fishing and cold cocks him (knocks him out).
d. Ralph is an ATF agent who roams the country side locating moonshine stills. While searching for a still in a forest, the still owner, in an attempt to draw Ralph away from the still, runs by Ralph and pushes him into a grove of bramble bushes so that Ralph will chase him as he runs away from the still. The still owner did not know that Ralph was an ATF agent.
c. Bruce is an ATF investigator. He lives next to Billy Bob, a retired police officer. Bruce’s wife’s dog just wrecked Billy Bob’s yard by digging holes in it. Billy Bob knows Bruce is an ATF investigator. Billy Bob does not care that Bruce is a federal employee. Because of what the dog did, Billy Bob walks up to Bruce after Bruce gets home from fishing and cold cocks him (knocks him out).
CORRECT: This is not a chargeable offense under the statute, because Bruce was assaulted for something that his dog did. At the time of the assault, Bruce was not in the performance of his duties (he was retired), nor was he assaulted for being a former federal employee or because of something that he did while he was a federal employee.
Roberts wants to smuggle counterfeit currency into Mexico. Through some acquaintances, he is placed in contact with an employee of the U.S. State Department who agrees to smuggle the counterfeit currency into Mexico in a diplomatic pouch, in exchange for a new Cadillac. They agree to meet in two weeks to make the exchange. However, the State Department employee reports this conversation to the FBI. At the subsequent meet, the FBI moves in and arrests Roberts. He is indicted for bribery under 18 U.S.C. § 201. Prior to trial, Roberts moves to dismiss the charge. His motion should be:
Answers
a. Granted, because at most, this is only attempted bribery.
b. Granted, because nothing of value changed hands.
c. Denied, because offering something of value in exchange for an official act by a government employee meets the definition of bribery.
d. Denied, because the FBI had no reasonable suspicion that Roberts engaged in bribery whatsoever
c. Denied, because a corrupt offering of something of value in exchange for an official act by a government
employee meets the definition of bribery.
CORRECT: It is unnecessary for the government employee in this case to actually receive something of value. The crime is completed when the corrupt offer is made.
Senator Demo casts the deciding vote on a bill that contains a big tax break to companies that import widgets from Mexico. Chuck is the president of a company named “Widgets International, Inc.” His company will benefit financially from the passage of this bill. To show his appreciation for his vote in favor of the bill, Chuck gives $50, 000 cash to Senator Demo and pays for Senator Demo’s Caribbean vacation. A disgruntled member of Senator Demo’s staff reports this transaction to the FBI. The FBI should:
Answers
a. close the case, as this is not a criminal offense.
b. close the case, as this is part of the normal political process.
c. investigate the case, as the facts presented constitute accepting a gratuity.
d. investigate the case, as the facts presented constitute bribery.
c. Investigate this case, as the facts presented constitute accepting a gratuity.
CORRECT: Accepting a gratuity occurs when something of value was given to a public official for or because of an official act, in this case the senator’s vote on a piece of legislation.
What are the 2 types of assault?
- assault by offer
- assault by attempted battery
What are the elements of gratuity?
- without corrupt intent
- anything of value
- to/from any public official
- for the proper discharge of official duty/testimony
difference between bribery and gratuity
Bribery has corrupt intent gratuity doesn’t
To corruptly give, offer or promise, a public official (or person who has been selected to be a public official) , directly or indirectly, anything of value, with the intent to influence any official act by that public official. Or conversely a public official directly or indirectly agrees to accept, demand or seek anything of value for influencing any act by that public official is known as
Bribery
