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- NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
- being done in connection with this case, at the time the opinion is issued.
- The syllabus constitutes no part of the opinion of the Court but has been
- prepared by the Reporter of Decisions for the convenience of the reader.
- See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
-
- SUPREME COURT OF THE UNITED STATES
-
- Syllabus
-
- EVANS v. UNITED STATES
- certiorari to the united states court of appeals for
- the eleventh circuit
- No. 90-6105. Argued December 9, 1991-Decided May 26, 1992
-
- As part of an investigation of allegations of public corruption in Geor-
- gia, a Federal Bureau of Investigation agent posing as a real estate
- developer initiated a number of conversations with petitioner Evans,
- an elected member of the DeKalb County Board of Commissioners.
- The agent sought Evans' assistance in an effort to rezone a tract of
- land and gave him, inter alia, $7,000 in cash, which Evans failed to
- report on his state campaign-financing disclosure form or his federal
- income tax return. Evans was convicted in the District Court of,
- among other things, extortion under the Hobbs Act, which is ``the
- obtaining of property from another, . . . induced by wrongful use of
- actual or threatened force, violence, or fear, or under color of official
- right,'' 18 U.S.C. 1951(b)(2). In affirming the conviction, the
- Court of Appeals acknowledged that the trial court's jury instruction
- did not require a finding that Evans had demanded or requested the
- money, or that he had conditioned the performance of any official act
- upon its receipt. However, it held that ``passive acceptance of the
- benefit'' was sufficient for a Hobbs Act violation if the public official
- knew that he was being offered the payment in exchange for a
- specific requested exercise of his official power.
- Held:An affirmative act of inducement by a public official, such as a
- demand, is not an element of the offense of extortion ``under color of
- official right'' prohibited by the Hobbs Act. Pp.4-17.
- (a)Congress is presumed to have adopted the common-law defini-
- tion of extortion-which does not require that a public official make
- a demand or request-unless it has instructed otherwise. See
- Morissette v. United States, 342 U.S. 246, 263. While the Act
- expanded the common-law definition to encompass conduct by a
- private individual as well as a public official, the portion of the Act
- referring to official misconduct continues to mirror the common-law
- definition. There is nothing in the sparse legislative history or the
- statutory text that could fairly be described as a ``contrary direction,''
- ibid., from Congress to narrow the offense's scope. The inclusion of
- the word ``induced'' in the definition does not require that the wrong-
- ful use of official power begin with a public official. That word is
- part of the definition of extortion by a private individual but not by
- a public official, and even if it did apply to a public official, it does
- not necessarily indicate that a transaction must be initiated by the
- bribe's recipient. Pp.4-11.
- (b)Evans' criticisms of the jury instruction-that it did not proper-
- ly describe the quid pro quo requirement for conviction if the jury
- found that the payment was a campaign contribution, and that it did
- not require the jury to find duress-are rejected. The instruction
- satisfies the quid pro quo requirement of McCormick v. United
- States, 500 U.S. ___, because the offense is completed when the
- public official receives payment in return for his agreement to
- perform specific official acts; fulfillment of the quid pro quo is not an
- element of the offense. Nor is an affirmative step on the official's
- part an element of the offense on which an instruction need be given.
- Pp.12-13.
- (c)The conclusion herein is buttressed by the facts that many
- courts have interpreted the statute in the same way, and that
- Congress, although aware of this prevailing view, has remained
- silent. Pp.13-14.
- 910 F.2d 790, affirmed.
-
- Stevens, J., delivered the opinion of the Court, in which White,
- Blackmun, and Souter, JJ., joined, in Parts I and II of which O'Con-
- nor, J., joined, and in Part III of which Kennedy, J., joined. O'Con-
- nor, J., and Kennedy, J., filed opinions concurring in part and concur-
- ring in the judgment. Thomas, J., filed a dissenting opinion, in which
- Rehnquist, C. J., and Scalia, J., joined.
-