United States v. Labovitz

Decision Date13 January 1958
Docket NumberNo. 12306.,12306.
Citation251 F.2d 393
PartiesUNITED STATES of America v. Charles V. LABOVITZ and Martin Abrams; Martin Abrams, Appellant.
CourtU.S. Court of Appeals — Third Circuit

Edwin P. Rome, Philadelphia, Pa. (Morris L. Weisberg, Blank, Rudenko & Klaus, Philadelphia, Pa., on the brief), for appellant.

Joseph L. McGlynn, Asst. U. S. Atty., Philadelphia, Pa. (Harold K. Wood, U. S. Atty., Philadelphia, Pa., on the brief), for appellee.

Before BIGGS, Chief Judge, and GOODRICH and HASTIE, Circuit Judges.

HASTIE, Circuit Judge.

On this appeal from a conviction of bribery and conspiracy to bribe a federal employee the only question which requires discussion is one raised concerning the criminal intent which is an essential element of the crime of bribery as defined in Section 201 of Title 18 of the United States Code.

The following factual picture was disclosed by the evidence for the prosecution. Under an Army supply contract the government had paid the contracting corporation an estimated price for certain articles of its manufacture, subject to a price redetermination on the basis of the contractor's cost experience. In due course of renegotiation proceedings the contracting officer reached a tentative conclusion that the contractor should refund about $16,000 to the government. However, the contractor, advised of this, proposed and was authorized to make a further showing as to its costs. At this stage, according to the government's case, appellant Abrams, acting in concert with co-conspirator Labovitz, the president of the contracting corporation, offered money to a government accountant assigned to this case for the purpose of inducing him to recommend to the contracting officer a reduction of the refund claim.

It did not appear whether or not the contractor's proposed supplementary submission did or could afford any factual or legal justification for a reduction of the refund claim. The government did not negative the possibility that, had there been no bribe, the accountant might, on the available data, lawfully and properly have made the very recommendation that Abrams wanted him to make. Moreover, in charging the jury the trial judge spoke of the intention to influence an official decision as the gravamen of the offense. He said nothing about the lawfulness or unlawfulness of the result sought. It is in this context that the question of requisite criminal intent arises.

The bribery statute itself deals explicitly with the element of criminal intent, making it a crime to offer money to any person acting for the United States "with intent to influence his decision or action on any * * * matter * * * before him in his official capacity * * * or to induce him to do or omit to...

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17 cases
  • United States v. Raff, Crim. No. 12879.
    • United States
    • United States District Courts. 3th Circuit. United States District Court of Middle District of Pennsylvania
    • February 21, 1958
    ...The statute plainly proscribes such corrupt interference with the normal and proper functioning of government." United States v. Labovitz, 3 Cir., 251 F.2d 393. In the face of such sweeping language in the statute, and the purpose it was designed to accomplish, we find no reason to find any......
  • U.S. v. Jannotti
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • February 11, 1982
    ...the available data, lawfully and properly have made the very recommendation that (the briber) wanted him to make." United States v. Labovitz, 251 F.2d 393, 394 (3d Cir. 1958). Judge Hastie, writing for the court, set forth the rationale for that as his willingness to commit his City Council......
  • United States v. Shober, Crim. No. 78-312.
    • United States
    • United States District Courts. 3th Circuit. United States District Court (Eastern District of Pennsylvania)
    • September 26, 1979
    ...States, 402 U.S. 950, 91 S.Ct. 1634, 29 L.Ed.2d 120 (1971), United States v. Miller, 340 F.2d 421 (4th Cir. 1965), United States v. Labowitz, 251 F.2d 393 (3d Cir. 1958), the government has represented that there is no government policy either at the level of the Department of Justice or th......
  • United States v. Kemmel
    • United States
    • United States District Courts. 3th Circuit. United States District Court of Middle District of Pennsylvania
    • October 19, 1960
    ...Buckley v. United States, 6 Cir., 1929, 33 F.2d 713, 718; Henderson v. United States, supra, 24 F.2d at page 812; United States v. Labovitz, 3 Cir., 1958, 251 F.2d 393, 394; Krogmann v. United States, 6 Cir., 1955, 225 F.2d 220, 225; United States v. Marcus, supra, 166 F.2d at page 501. As ......
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