Sabri v. United States
Sabri, a real estate developer, was indicted for three counts of bribery in violation of 18 U.S.C. § 666(a)(2). Sabri filed a motion to dismiss the indictment on the ground that the statute is facially unconstitutional because it does not require the government to prove a nexus between the offensive conduct (the offering of a bribe) and the expenditure or use of federal funds. The district court granted the motion to dismiss the indictment. The Eighth Circuit Court of Appeals reversed, holding that the plain text of the statute does not require any connection between the federal funds received by the agency and the offense conduct, and that section 666 is a necessary and proper exercise of Congressional power.
Question Presented:
Whether petitioner is entitled to dismissal of the indictment charging him with three counts of bribery, in violation of 18 U.S.C. § 666(a)(2), on the ground that the statute is facially
unconstitutional.
