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Heon-Cheol Chi v. United States

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 17-50358 · judgment August 30, 2019


Certiorari denied · June 1, 2020
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a Ninth Circuit decision below, a dissent in the court below (flagged in the petition), and counsel who has filed here before.

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, 136 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.

Counsel of record

For petitioner
Benjamin Lee Coleman
Benjamin L. Coleman Law PC

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Proceedings

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