United States v. Dominick Owens
2012 U.S. App. LEXIS 21044
| 7th Cir. | 2012Background
- Owens was a City of Chicago zoning inspector who issued certificates of occupancy after inspections.
- Two $600 bribes were paid by an accomplice, McPhillip, for expedited issuance of COs for four homes.
- No actual inspections occurred for the four homes yet certificates were issued.
- Mortgages and construction costs for the four homes suggested values well above $5,000, but there was no direct link shown between those values and the COs.
- Court held the government failed to prove the subject matter of the bribe—the COs themselves—was valued at $5,000 or more, requiring reversal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the COs’ value meets the $5,000 threshold | Owens; value derived from COs insufficient | Government; value shown by mortgages/costs qualifies | Guilt not proven beyond reasonable doubt; reversed |
Key Cases Cited
- United States v. Robinson, 663 F.3d 265 (7th Cir. 2011) (value of subject matter of bribe must be $5,000+; bribe itself may be less)
- United States v. Duvall, 846 F.2d 966 (5th Cir. 1988) (value assessment methods for intangible bribes)
- United States v. Townsend, 630 F.3d 1003 (11th Cir. 2011) (monetary proxy for value of bribes in intangible contexts)
- United States v. Marmolejo, 89 F.3d 1185 (5th Cir. 1996) (appraising value of illicit assets via market willingness to pay)
- United States v. Curescu, 674 F.3d 735 (7th Cir. 2012) (value of saved costs can establish value of bribe)
- United States v. Hines, 541 F.3d 833 (8th Cir. 2008) (evidence of related benefits may support value)
- United States v. Zwick, 199 F.3d 672 (3d Cir. 1999) (recognizing threshold met via timely permits in some contexts)