This list only includes federal officials convicted of certain select corruption crimes. For a more complete list see: List of American federal politicians convicted of crimes and List of federal political scandals in the United States.
Dozens of high-level United States federal officials have been convicted of public corruption offenses for conduct while in office. These officials have been convicted under two types of statutes. The first type are also applicable to corrupt state and local officials: [1] the mail and wire fraud statutes (enacted 1872), including the honest services fraud provision, [2] the Hobbs Act (enacted 1934), [3] the Travel Act (enacted 1961), [4] and the Racketeer Influenced and Corrupt Organizations Act (RICO) (enacted 1970). [1] [5] In addition, federal officials are subject to the federal bribery, graft, and conflict-of-interest crimes contained in Title 18, Chapter 11 of the United States Code, 18 U.S.C. §§ 201–227, which do not apply to state and local officials. [1] Most notably, § 201(b) prohibits the receipt of bribes, and § 201(c) prohibits the receipt of unlawful gratuities, by federal public officials. Lesser used statutes include conspiracy to defraud the United States (enacted 1867) [6] and the Foreign Corrupt Practices Act (FCPA) (enacted 1977). [7]
Where the defendant is a member of the United States Congress, the Speech or Debate Clause of Article One of the United States Constitution—providing that: "[F]or any Speech or Debate in either House, [Senators or Representatives] shall not be questioned in any other Place" [8] —limits the acts which may be charged and the evidence that may be introduced.
Only high-level federal officials are included in this list. For the executive branch, this means the President, Vice President, and Cabinet members (i.e. officials compensated at Level I of the Executive Schedule). [9] For the legislative branch, this means members of the Congress, whether the Senate or House of Representatives. For the judicial branch, this means Article Three judges. Lower-level officials are not included on this list, although they may be prosecuted for the same offenses.
Acquitted officials are not listed (if an official was acquitted on some counts, and convicted on others, the counts of conviction are listed). If a defendant is convicted of a conspiracy to commit a corruption offense, the substantive offense is listed. Convictions such as making false statements, perjury, obstruction of justice, electoral fraud, violations of campaign finance regulations, tax evasion and money laundering are not included in this list. Censure, impeachment, and removal from office are also not included in this list.
The list is organized by office. The criminal statute(s) under which the conviction(s) were obtained are noted, as are the names of notable investigations, scandals, or litigation, if applicable. The year of conviction is included (if the official was convicted multiple times due to retrials, only the year of the first conviction is included). Certain details, including post-conviction relief, if applicable, are included in footnotes. Political affiliation is also included.
Official | Image | Office | State | Year | Crime(s) | Scandal/investigation/case | Notes | Party |
---|---|---|---|---|---|---|---|---|
Robert W. Archbald | Judge | United States | 1913 | Bribery | [10] | Republican | ||
Daniel Brewster | Senate | Maryland | 1972 | Federal official gratuity | United States v. Brewster (1972) | [11] | Democrat | |
Joseph R. Burton | Senate | Kansas | 1904 | Compensated representation in a proceeding in which the United States is interested (Rev. Stat. § 1782) (codified as amended at 18 U.S.C. § 203) | Burton v. United States (1905, 1906) | [12] | Republican | |
Frank Ballance | House of Representatives | North Carolina | 2004 | Mail fraud | [13] | Democrat | ||
Mario Biaggi | House of Representatives | New York | 1987 | Federal official gratuity and Travel Act | [14] | Democrat | ||
1988 | Federal official gratuity, mail fraud, Hobbs Act, and RICO | Wedtech scandal | [15] | |||||
Frank W. Boykin | House of Representatives | Alabama | 1963 | Federal official conflict-of-interest and conspiracy to defraud the United States | [16] | Democrat | ||
Ernest K. Bramblett | House of Representatives | California | 1954 | Payroll fraud to cover kickbacks | [17] | Republican | ||
Frank J. Brasco | House of Representatives | New York | 1974 | Conspiracy to defraud the United States | [18] | Democrat | ||
Albert Bustamante | House of Representatives | Texas | 1993 | Federal official gratuity and RICO | [19] | Democrat | ||
Alexander Caldwell | Senator | Kansas | 1873 | Bribery | [20] | Republican | ||
Thomas Carney | Senator | Kansas | 1873 | Bribery | [20] | Republican | ||
Frank M. Clark | House of Representatives | Pennsylvania | 1979 | Mail fraud | [21] | Democrat | ||
Robert Frederick Collins | United States District Court for the Eastern District of Louisiana | Louisiana | 1991 | Federal official bribery and conspiracy to defraud the United States | [22] | N/A | ||
Duke Cunningham | House of Representatives | California | 2006 | Mail fraud and federal official bribery | Cunningham scandal | [23] | Republican | |
Charles Diggs | House of Representatives | Michigan | 1980 | Mail fraud | [24] | Democrat | ||
David Durenberger | Senator | Minnesota | 1995 | Misuse of Public Funds | [25] [26] | Republican | ||
John Dowdy | House of Representatives | Texas | 1971 | Federal official conflict-of-interest and Travel Act | [27] | Democrat | ||
Joshua Eilberg | House of Representatives | Pennsylvania | 1979 | Federal official conflict-of-interest | [28] | Democrat | ||
Albert B. Fall | Secretary of the Interior | New Mexico | 1929 | Revolving door (18 U.S.C. § 207) | Teapot Dome scandal | [29] | Republican | |
Robert García | House of Representatives | New York | 1989 | Hobbs Act | Wedtech scandal | [30] | Democrat | |
Richard T. Hanna | House of Representatives | California | 1978 | Conspiracy to defraud the United States | Koreagate | [31] | Democrat | |
James F. Hastings | House of Representatives | New York | 1976 | Mail fraud | [32] | Republican | ||
Andrew J. Hinshaw | House of Representatives | California | 1976 | Bribery | [33] | Republican | ||
John H. Hoeppel | House of Representatives | California | 1935 | Sale of appointive office (18 U.S.C. § 150) (currently codified at 18 U.S.C. § 211) | [34] | Democrat | ||
William J. Jefferson | House of Representatives | Louisiana | 2009 | Federal official bribery, wire fraud, Foreign Corrupt Practices Act, and RICO | William J. Jefferson corruption case | [35] | Democrat | |
John Jenrette | House of Representatives | South Carolina | 1980 | Federal official bribery | Abscam | [36] | Democrat | |
Thomas Francis Johnson | House of Representatives | Maryland | 1963 | Federal official conflict-of-interest and conspiracy to defraud the United States | United States v. Johnson (1966) | [37] | Democrat | |
Richard Kelly | House of Representatives | Florida | 1981 | Federal official bribery, conspiracy to defraud the United States, and Travel Act | Abscam | [38] | Republican | |
Joseph P. Kolter | House of Representatives | Pennsylvania | 1996 | Conspiracy to defraud the United States | Congressional Post Office scandal | [39] | Democrat | |
Raymond F. Lederer | House of Representatives | Pennsylvania | 1981 | Federal official bribery and gratuity, conspiracy to defraud the United States, and Travel Act | Abscam | [40] | Democrat | |
William Lorimer | Senator | Illinois | 1912 | Bribery | [41] | Republican | ||
Buz Lukens | House of Representatives | Ohio | 1996 | Federal official bribery | House banking scandal | [42] | Republican | |
Martin Thomas Manton | United States Court of Appeals for the Second Circuit | N/A | 1939 | Conspiracy to defraud the United States | [43] | N/A | ||
Nicholas Mavroules | House of Representatives | Massachusetts | 1993 | Hobbs Act and RICO | [44] | Democrat | ||
Andrew J. May | House of Representatives | Kentucky | 1947 | Conspiracy to defraud the United States and compensated representation in a proceeding in which the United States is interested (18 U.S.C. § 203) | [45] | Democrat | ||
John H. Mitchell | Senate | Oregon | 1905 | Compensated representation in a proceeding in which the United States is interested (Rev. Stat. § 1782) (codified as amended at 18 U.S.C. § 203) | Oregon land fraud scandal | [46] | Republican | |
John M. Murphy | House of Representatives | New York | 1980 | Federal official gratuity, federal official conflict-of interest, and conspiracy to defraud the United States | Abscam | [47] | Democrat | |
Michael Myers | House of Representatives | Pennsylvania | 1980 | Federal official bribery, conspiracy to defraud the United States, and Travel Act | Abscam | [40] | Democrat | |
Bob Ney | House of Representatives | Ohio | 2006 | Mail fraud | Jack Abramoff CNMI scandal | [48] | Republican | |
Nehemiah G. Ordway | US Governor of Dakota Territory | Dakota Territory | 1884 | Bribery | [49] | Republican | ||
Bertram L. Podell | House of Representatives | New York | 1974 | Federal official conflict-of-interest and conspiracy to defraud the United States | [50] | Democrat | ||
Halsted Ritter | District Judge | Florida | 1936 | Bribery | [51] | Republican | ||
Dan Rostenkowski | House of Representatives | Illinois | 1998 | Mail fraud | Congressional Post Office scandal | [52] | Democrat | |
Frank Thompson | House of Representatives | New Jersey | 1980 | Federal official bribery and gratuity and conspiracy to defraud the United States | Abscam | [40] | Democrat | |
James Traficant | House of Representatives | Ohio | 2002 | Federal official bribery and gratuity, conspiracy to defraud the United States, and RICO | [53] | Democrat | ||
J. Irving Whalley | House of Representatives | Pennsylvania | 1973 | Mail fraud | [54] | Republican | ||
Harrison A. Williams | Senate | New Jersey | 1981 | Federal official bribery and gratuity, federal official conflict-of-interest, Travel Act, and conspiracy to defraud the United States | Abscam | [55] | Democrat |
United States v. Stewart, 348 F.3d 1132 and 451 F.3d 1071, is a Ninth Circuit case involving a challenge to the constitutionality of 18 U.S.C. § 922(o) under the Commerce Clause of the United States Constitution. The United States Court of Appeals for the Ninth Circuit found against the defendant, ruling that possession of homemade machine guns can be constitutionally regulated by the United States Congress under the Commerce Clause.
Irwin Allen Schiff was an American libertarian and tax resistance advocate known for writing and promoting literature in which he argued that the way in which the income tax in the United States is enforced upon individuals as a tax on one's time or wages, is illegal and unconstitutional. Judges in several civil and criminal cases ruled in favor of the federal government and against Schiff. As a result of these judicial rulings Schiff was in a hospital prison serving a sentence of 162 months at the time of his death.
United States v. Rybar, 103 F.3d 273, is a case which was argued before the Third Circuit Court of Appeals on September 13, 1995, and decided on December 30, 1996. The appeal addressed the constitutionality of a provision of the Firearm Owners Protection Act of 1986 under the Commerce Clause and the Second Amendment to the United States Constitution.
Dennis Jacobs is a senior United States circuit judge of the United States Court of Appeals for the Second Circuit.
United States v. Harris, 942 F.2d 1125 was a case decided by the United States Court of Appeals for the Seventh Circuit dealing with the exclusion of the value of property acquired by "gift" from the gross income of two income taxpayers.
Honest services fraud is a crime defined in 18 U.S.C. § 1346, added by the United States Congress in 1988, which states "For the purposes of this chapter, the term scheme or artifice to defraud includes a scheme or artifice to deprive another of the intangible right of honest services."
McNally v. United States, 483 U.S. 350 (1987), was a case in which the United States Supreme Court decided that the federal statute criminalizing mail fraud applied only to the schemes and artifices defrauding victims of money or property, as opposed to those defrauding citizens of their rights to good government. The case was superseded one year later when the United States Congress amended the law to specifically include honest services fraud in the mail and wire fraud statutes.
United States v. Munoz-Flores, 495 U.S. 385 (1990), was a United States Supreme Court case that interpreted the Origination Clause of the United States Constitution. The Court was asked to rule on whether a statute that imposed mandatory monetary penalties on persons convicted of federal misdemeanors was enacted in violation of that clause, as the lower court had held.
Several statutes, mostly codified in Title 18 of the United States Code, provide for federal prosecution of public corruption in the United States. Federal prosecutions of public corruption under the Hobbs Act, the mail and wire fraud statutes, including the honest services fraud provision, the Travel Act, and the Racketeer Influenced and Corrupt Organizations Act (RICO) began in the 1970s. "Although none of these statutes was enacted in order to prosecute official corruption, each has been interpreted to provide a means to do so." The federal official bribery and gratuity statute, 18 U.S.C. § 201, the Foreign Corrupt Practices Act (FCPA) 15 U.S.C. § 78dd, and the federal program bribery statute, 18 U.S.C. § 666 directly address public corruption.
Schmuck v. United States, 489 U.S. 705 (1989), is a United States Supreme Court decision on criminal law and procedure. By a 5–4 margin it upheld the mail fraud conviction of an Illinois man and resolved a conflict among the appellate circuits over which test to use to determine if a defendant was entitled to a jury instruction allowing conviction on a lesser included charge. Justice Harry Blackmun wrote for the majority; Antonin Scalia for the dissent.
United States v. Vampire Nation, 451 F.3d 189, is a 2006 decision of the United States Court of Appeals for the Third Circuit regarding the Federal Sentencing Guidelines and asset forfeiture. A three-judge panel unanimously affirmed the conviction and sentence of Frederick Banks, a Pittsburgh man, on numerous felony charges resulting from fraudulent schemes carried out over the Internet. The case takes its title, which has been singled out as memorable and included among lists of amusingly titled cases, from one of Banks' aliases, an electronic music group of which he was the sole regular member. He had filed the appeal under that name while representing himself.
Walker Process Equipment, Inc. v. Food Machinery & Chemical Corp., 382 U.S. 172 (1965), was a 1965 decision of the United States Supreme Court that held, for the first time, that enforcement of a fraudulently procured patent violated the antitrust laws and provided a basis for a claim of treble damages if it caused a substantial anticompetitive effect.
Fundamental error is a legal term provided by United States Courts to describe an error which occurs whenever a judgement violates a federal fundamental right. In United States constitutional law, fundamental rights have special significance under the U.S. Constitution. Those rights enumerated in the U.S. Constitution are recognized as "fundamental" by the U.S. Supreme Court. State courts within the United States may define fundamental error rules independently of the federal courts. State fundamental error rules may include errors which violate rights in additional to those rights guaranteed by the U.S. Constitution, but these rules may not infringe upon federal fundamental rights. Any law restricting such a right must both serve a compelling state purpose and be narrowly tailored to that compelling purpose.
Burks v. United States, 437 U.S. 1 (1978), is a United States Supreme Court decision that clarified both the scope of the protection against double jeopardy provided by the Fifth Amendment to the United States Constitution and the limits of an appellate court's discretion to fashion a remedy under section 2106 of Title 28 to the United States Code. It established the constitutional rule that where an appellate court reverses a criminal conviction on the ground that the prosecution failed to present sufficient evidence to prove the defendant's guilt beyond a reasonable doubt, the Double Jeopardy Clause shields the defendant from a second prosecution for the same offense. Notwithstanding the power that appellate courts have under section 2106 to "remand the cause and direct the entry of such appropriate judgment, decree, or order, or require such further proceedings to be had as may be just under the circumstances," a court that reverses a conviction for insufficiency of the evidence may not allow the lower court a choice on remand between acquitting the defendant and ordering a new trial. The "only 'just' remedy" in this situation, the Court held, is to order an acquittal.
Gundy v. United States, No. 17-6086, 588 U.S. ___ (2019), was a United States Supreme Court case that held that 42 U.S.C. § 16913(d), part of the Sex Offender Registration and Notification Act ("SORNA"), does not violate the nondelegation doctrine. The section of the SORNA allows the Attorney General to "specify the applicability" of the mandatory registration requirements of "sex offenders convicted before the enactment of [SORNA]". Precedent is that it is only constitutional for Congress to delegate legislative power to the executive branch if it provides an "intelligible principle" as guidance. The outcome of the case could have greatly influenced the broad delegations of power Congress has made to the federal executive branch, but it did not.
Kelly v. United States, 590 U.S. ___ (2020), was a United States Supreme Court case involving the 2013 Fort Lee lane closure scandal, also known as "Bridgegate". The case centered on whether Bridget Anne Kelly, the chief of staff to New Jersey Governor Chris Christie who was running for reelection at the time, and Bill Baroni, the Deputy Executive Director of the Port Authority of New York and New Jersey, improperly used lane closures on the George Washington Bridge to create traffic jams as a means of retaliation against Mark Sokolich, the mayor of Fort Lee, New Jersey, when he refused to support Christie's reelection campaign. While lower courts had convicted Kelly and Baroni on federal fraud, wire fraud and conspiracy charges, the Supreme Court unanimously overturned the convictions in its May 2020 ruling, stating that such charges could not apply as "the scheme here did not aim to obtain money or property", and remanded their cases back to the lower courts.
United States v. Sineneng-Smith, 590 U.S. ___ (2020), was a case of the United States Supreme Court, in which the justices considered the constitutionality of 8 U.S.C. § 1324(a)(1)(A)(iv), a provision of the Immigration and Nationality Act of 1952 that criminalizes encouraging or inducing illegal immigration. The case attracted attention from civil liberties groups and immigration advocates, including the American Civil Liberties Union, the Immigrant Defense Project, and the National Lawyers Guild.