United States of America, Appellee v. Russell Hoffmann, Appellant - Case Study Example

United s of America, Appellee, v. Russell Hoffman, Appellant.Feb 25, 2009, Filed. Case Brief Facts: Hoffman awarded a gift to Schwening as a gratuity to facilitate “the 1996 contract,” as referred to in the case. Russell D. Hoffman was a project manager at Surdex Corporation. In May 1996, the USA army corps of engineers awarded him a contract that was under the supervision of W.Schwening. Regulation, of FAR, requires that the contracting agent has to prepare a performance evaluation report, within 60 days.

After completion of the contract, engineers or any other personnel develop ACCA ratings in acceptance of the contractor’s work.The state accused Hoffman of using gratuity to entice Schwening to facilitate “the 1996 contract.” The was deemed illegal under 18 U.S.C. § 201(c) (1) (A). Hoffman, however, argues that he gave Schwening a gift as a friend and not for official reasons. Issue: The court of appeal was to determine whether Russell D. Hoffmann (Appellant) contravened 18 U.S.C. § 201(c) (1) (A) by giving a gratuity to Schwening, as earlier affirmed by a state court.

Russell D. Hoffmann argued otherwise.Rule of law18 U.S. Code § 201 Applies to bribery of public officials and witnesses. 18 U.S.C. § 201(c)(1)(A) defines the term “official act” as any action or decision regarding any question or cause that, at any time according to the law, may be presented to a public official in an official capacity in the official’s trust (LII, 2015). In determining the law, the government must ascertain the relationship between a thing of valued presented to a public official and the specific “public act” for or the reason to which it was offered.

Answer: Yes, the appellant (Russell Hoffman) violated the law by giving gratuity to facilitate the process. Hoffman was found guilty, sentenced to a 3yr probation and a $5,000 fine. Reason: Based on the evidence presented by USA, it was sufficient that both parties were on official duty as stipulated under 18 U.S.C. § 201(c) (1) (A). This is illegal as it creates a conflict of interest between the two parties.Works CitedLegal Information Institute (LII). 18 U.S. Code § 201 - Bribery of public officials and witnesses. 2015. web.

April 16, 2015