Silver Decision Clarifies Scope of “Official Acts” in Domestic Bribery Cases

In United States v. Silver, the Second Circuit clarified what constitutes bribery under several federal anti-bribery statutes and vacating conviction on three counts of bribery, finding that there was only a vague understanding that Silver would “think favorably” of the individual providing him with a benefit. In this article, Paul Tuchmann, a partner at Wiggin and Dana and former federal prosecutor, discusses the case law considered by the Court and the kind of behavior that may still be considered “official acts” under federal bribery law. See “Civil Litigation in the Aftermath of FCPA and U.K. Bribery Act Investigations” (May 13, 2020).

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