Heon-Cheol Chi v. United States
SocialSecurity Securities Immigration
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
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.