No. 19-1000

Heon-Cheol Chi v. United States

Lower Court: Ninth Circuit
Docketed: 2020-02-10
Status: Denied
Type: Paid
Experienced Counsel
Tags: bribery corrupt-intent criminal-intent foreign-bribery intent-to-influence mcdonnell-v-united-states money-laundering official-act public-official statutory-interpretation
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2020-05-28
Question Presented (AI Summary)

Whether 'an offense against a foreign nation involving .. . bribery of a public official' under 18 U.S.C. § 1956(c)(7)(B) requires generic bribery of a public official, which includes a corrupt intent and an intent to be influenced

Question Presented (OCR Extract)

QUESTIONS PRESENTED A federal money laundering statute, 18 U.S.C. § 1957, applies to monetary transactions derived from “an offense against a foreign nation involving . . . bribery of a public official... .” 18 U.S.C. § 1956(c)(7)(B). Contrary to the government’s position below and the view of the Second Circuit, the Ninth Circuit agreed with petitioner that this definition requires common or generic bribery of a public official. The Ninth Circuit, however, held that generic bribery of a public official does not require a corrupt intent, an intent to be influenced, or a limited definition of an “official act” under McDonnell v. United States, 186 S. Ct. 2355 (2016). The questions presented are: 1. Whether “an offense against a foreign nation involving .. . bribery of a public official” under 18 U.S.C. § 1956(c)(7)(B) requires generic bribery of a public official, which includes a corrupt intent and an intent to be influenced. 2. Whether “an offense against a foreign nation involving .. . bribery of a public official” under 18 U.S.C. § 1956(c)(7)(B) requires an “official act” as defined in 18 U.S.C. § 201(a) and McDonnell v. United States, 136 S. Ct. 2355 (2016). 3. Whether this Court should grant, vacate, and remand for reconsideration in light of Shular v. United States, No. 18-6662. ii STATEMENT OF RELATED CASES e United States v. Heon-Cheol Chi, No. 16CR00824JFW, U.S. District Court for the Central District of California. Judgment entered October 3, 2017. ¢ United States v. Heon-Cheol Chi, No. 17-50358, US. Court of Appeals for the Ninth Circuit. Judgment entered August 30, 2019, judgment amended and rehearing denied November 19, 2019.

Docket Entries

2020-06-01
Petition DENIED.
2020-05-12
DISTRIBUTED for Conference of 5/28/2020.
2020-05-11
Waiver of the 14-day waiting period under 15.5 filed by counsel for the petitioner.
2020-05-11
Reply of petitioner Heon-Cheol Chi filed.
2020-05-08
Brief of respondent United States in opposition filed. (Distributed)
2020-04-09
Motion to extend the time to file a response is granted and the time is further extended to and including May 8, 2020.
2020-04-07
Motion to extend the time to file a response from April 10, 2020 to May 8, 2020, submitted to The Clerk.
2020-03-09
Motion to extend the time to file a response is granted and the time is extended to and including April 10, 2020.
2020-03-06
Motion to extend the time to file a response from March 11, 2020 to April 10, 2020, submitted to The Clerk.
2020-02-06
Petition for a writ of certiorari filed. (Response due March 11, 2020)

Attorneys

Heon-Cheol Chi
Benjamin Lee ColemanColeman & Balogh LLP, Petitioner
Benjamin Lee ColemanColeman & Balogh LLP, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent