United States v. Manzo
2011 U.S. App. LEXIS 3113
| 3rd Cir. | 2011Background
- Dwek cooperated with FBI in Bid Rig III investigation into Jersey City public corruption; six meetings with the Manzos from Feb–Apr 2009 involved cash payments and illicit campaign contributions.
- Louis Manzo was an unsuccessful Jersey City mayoral candidate (May 12, 2009) and not a public official at the relevant time.
- Ronald Manzo is Louis's brother and served as campaign manager/advisor.
- Two schemes: expedited Garfield Development approvals for $20,000 pre-election and $10,000 post-election; promotion of Khalil for $7,500 pre-election and $7,500 post-election.
- Indictment (Oct 6, 2009) charged conspiracy to extort, three counts of attempted extortion, travel in interstate commerce to promote bribery; later superseding indictment added mail fraud; District Court dismissed conspiracy and attempt counts; government appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether under color of official right is required for Hobbs Act extortion | Government contends inchoate and conspiracy extortion fall within Hobbs Act via under color theory | Manzos contend private citizens cannot act under color of official right | Yes; under color of official right is required when no threat of force, violence, or fear |
Key Cases Cited
- Evans v. United States, 504 U.S. 255 (1992) (legislative history sparse; adopts common-law meaning of extortion under color of official right)
- Mazzei, 521 F.2d 639 (3d Cir.1975) (intro to narrow common-law understanding of under color of official right)
- Jannotti, 673 F.2d 578 (3d Cir.1982) (conspiracy to extort can satisfy if overt acts and planned future conduct affect interstate commerce)
- Hsu, 155 F.3d 189 (3d Cir.1998) (defense on impossibility and conspiracy feasibility in inchoate Hobbs Act)
- Ledesma-Cuesta, 347 F.3d 527 (3d Cir.2003) (distinction of impossibility in inchoate offenses under MDLEA; distinguishable facts)
- Meyers, 529 F.2d 1033 (7th Cir.1976) (candidates for office can engage in inchoate Hobbs Act conspiracy depending on office attainment)
- McClain, 934 F.2d 822 (7th Cir.1991) (limits extending Hobbs Act reach to private citizens deemed inappropriate)
- Tykarsky, 446 F.3d 458 (3d Cir.2006) (distinguishes legal vs factual impossibility in attempt cases)