An interesting case, and not just because I live in Baltimore.
Majestic Auto Repair was paying up to $300 for each damaged vehicle Baltimore police would steer their way from the scene of an accident. By the time the FBI broke up the deal some sixty officers were involved.
One of the officers, Samuel Ocasio, was tried and convicted on three counts of extortion and one count of conspiracy to commit. He appealed the conspiracy conviction on the grounds that in order to conspire to obtain property “from another,” conspirators must agree to obtain property from someone outside the conspiracy. Since the conspiracy was between Ocasio and the owners of Majestic Auto Repair who were paying the bribes out of their own pockets, and not “from another”, there was no conspiracy.
The Court didn’t buy it. Justice Alito delivered the 5-3 opinion, sketched above. For an in-depth explanation of the opinion go here.
A couple sketches from Tuesday’s Supreme Court argument in Ocasio v. U.S.. The case case involves members of the Baltimore police who received kickbacks for steering business to Majestic Auto Repair. Arriving on the scene of an auto accident the officer would encourage the driver of a damaged vehicle to have it towed to Majestic. In exchange officers would receive a $150. referral fee, later upped to $300.
One of the officers, Samuel Ocasio, who was convicted of conspiracy under the Hobbs Act for obtaining of property “from another, with his consent, . . . under color of official right”, appealed, arguing that the statute requires that the alleged conspirators agree among themselves to obtain property “from another”—that is, from someone outside the conspiracy. Since the bribe came from Majestic, and they were part of the conspiracy, there was no conspiracy, so the argument goes.
Not sure the Justices bought it