Who Decides What Is an 'Official Act' In a Bribery Case?
November 14, 2025 | New York Law Journal
In McDonnell v. United States (2016), the Supreme Court made proof of an “official act” central to bribery prosecutions brought under federal fraud statutes and the Hobbs Act. The decision explained that routine government official actions, such as making calls and arranging meetings, do not amount to official acts, but that left a grey area for actions that fall short of formal government decision making. In their latest article, Morvillo Abramowitz Grand Iason & Anello partners Elkan Abramowitz and Jonathan Sack examine an issue that has come up in conflicting appellate rulings: whether a district court may instruct the jury that the proof at trial establishes an official act, or whether such an instruction improperly takes the issue away from the jury. Regardless of how this particular issue is resolved, the authors conclude that what qualifies as an “official act” will likely remain a thorny question for both courts and juries.
