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Here is a link to a representative sample of the public corruption cases successfully prosecuted during Fiscal Year 2010 by the Internal Revenue Service and the US Attorneys offices.  These are interesting for several reasons.  First, they show the many forms public corruption can take.  Second, they show that many public corruption cases take years to investigate and develop.  Third, they show that many of these cases need to be investigated and prosecuted federally because local officials are unwilling or unable to do it.

And here is a link to some examples of the cases prosecuted successfully during the first quarter of Fiscal Year 2011.  One in particular was interesting and reproduced below, because it involved exploiting community colleges monies for personal gain. 

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Former Two-Year College System Chancellor Sentenced to Over 6 Years in Prison

On November 18, 2010, in Birmingham, Ala., Roy W. Johnson, Jr., the former Alabama two-year college system Chancellor, was sentenced to 78 months and ordered to forfeit $18,206,485 and his Opelika house.  Johnson pleaded guilty in March 2008 to a 15-count Information that charged him in connection with bribery and kickback schemes with several contractors who sought work with the Alabama Department of Postsecondary Education and its subordinate institutions – more than 25 two-year and technical colleges across the state.  According to court documents, from 2002 through 2006, Johnson used his position as Chancellor to corruptly enrich himself and members of his family. He solicited and received money and services from contractors and, in return, helped those contractors get business within the postsecondary department.  After learning he was under investigation, Johnson tried to hide his crimes and obstruct the investigation through the use of false invoices, fraudulent loans and fictitious entities to move money from the state to himself and his family members.  As part of his plea agreement, Johnson agreed to cooperate with the government in its investigation of corruption in the two-year college system.

And here is another public corruption case of interest, this one reported by the FBI. The crime of bribery almost always requires proving that a thing or things of value were given in exchange for some past or future official action.  The highlighted portion of the text below gives examples of “things of value.”  In addition, failing to report the value of the “things of value” as taxable federal income constitutes a violation of the Internal Revenue Code.

Harris County Commissioner and Local Real Estate Developer Indicted for Alleged Bribery Conspiracy

WASHINGTON—A Harris County, Texas commissioner and a Houston-based real estate developer have been charged with bribery conspiracy in an indictment returned yesterday by a federal grand jury in the Southern District of Texas, announced Assistant Attorney General Lanny A. Breuer of the Criminal Division.

The indictment, unsealed today, charges Gerald R. Eversole, 67, and Michael D. Surface, 50, each with one count of conspiring to commit federal program bribery, and each with one count of federal programs bribery. Eversole was also charged with two counts of making a false statement on his federal tax return by failing to report things of value allegedly provided to him by Surface.

According to the indictment, from August 2000 through October 2007, Surface provided Commissioner Eversole with a series of things of value both directly and indirectly, including checks written directly to Commissioner Eversole, cashier’s checks provided to Commissioner Eversole, payments made to third parties, a loan guarantee, and travel and entertainment expenses. The indictment alleges that during the same time period Commissioner Eversole was accepting these things of value, Surface sought and obtained at least five lucrative Harris County contracts. These included contracts to house Harris County offices, as well as a construction maintenance contract. The indictment alleges that Commissioner Eversole repeatedly voted to award contracts to Surface and entities controlled by Surface, as well as used his official position to ensure funding for these contracts.

The indictment also alleges that Commissioner Eversole repeatedly voted to appoint Surface as chairman of the board of the Harris County Sports and Convention Corporation, a quasi-governmental organization charged with overseeing Reliant Stadium and Reliant Park.

The indictment alleges that Eversole and Surface sought to conceal their relationship by, among other things, using cashier’s checks and payments to third parties. The indictment alleges that Surface also actively sought to conceal his presence in two of the contracts so as to avoid scrutiny, and that Eversole concealed his acceptance of the things of value by filing false financial disclosure forms with the Harris County clerk.

The maximum penalty for the conspiracy charge is five years in prison and a $250,000 fine. The charge of federal program bribery carries a maximum penalty of 10 years in prison and a $250,000 fine. Each count of making a false statement carries a maximum penalty of three years in prison and a $100,000 fine.

An indictment is merely an accusation, and defendants are presumed innocent unless proven guilty in a court of law.

This case is being prosecuted by Senior Trial Attorney Mary K. Butler and Trial Attorney John P. Pearson of the Criminal Division’s Public Integrity Section. The case was investigated by the FBI and the Internal Revenue Service – Criminal Investigation.