Heon-Cheol Chi v. United States

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.