This Note proceeds in five Parts. Part I provides a background discussion of the facts and holding in McDonnell. Part II goes on to analyze McDonnell through the lens of three recent federal public corruption cases, discussing how the decision has been applied to both specific act and stream of benefits prosecutions. Part III argues that the narrower official acts definition announced by the McDonnell Court will not result in a sea change to corruption prosecutions. Part IV argues for the resilience of the stream of benefits theory of public corruption in the aftermath of McDonnell. Finally, Part V argues that proving corrupt intent is still the primary obstacle to federal prosecutors, not a shift in the law caused by McDonnell.
Terence A. Parker,
Prosecuting Corruption After McDonnell v. United States,
Notre Dame L. Rev.
Available at: https://scholarship.law.nd.edu/ndlr/vol94/iss2/11