Wednesday, September 26, 2007

Kott Trial - The Bribery Charge

Bribery

  • First, the defendant was an elected official of the State of Alaska;
    • This is not at issue

  • Second, during the period between in or about September 2005 and August 30, 2006 the defendant corruptly solicited or demanded for the benefit of any person, or accepted or agreed to accept from a person, something of value, with all of you agreeing on what that thing was, intending to be influenced or rewarded in connection with a business, transaction, or series of transactions of the State of Alaska;
    • This is very similar to the extortion charge. As I understand it, we have the same four items - the $7,993 check for flooring work that was used to pay for Peter Kott Jr.; The $1000 cash; the political polls; and the future lobbying job. And the jury has to believe that these were all in exchange for Kott's work in promoting their bills in the legislature. It doesn't matter whether the parts of the agreement are fulfilled, just that they agreed and understood this was the deal. So, even though he didn't get the lobbying job, that shouldn't matter. Even though he wasn't able to keep the ppt bill at 20/20, he said he would and he tried. Like with the extortion charge, if the jury has trouble with this, Kott's in good shape.
  • Third, the business, transaction, or series of transactions involved something of value of $5,000 or more; and
    • The poll and the $1000 in cash together are only $3500. But the job and the $7,993 check each would be over $5,000. All four also qualifies.
  • Fourth, the State of Alaska received benefits in excess of $10,000 in calendar year 2006, pursuant to a federal program involving a grant, contract, subsidy, loan, guarantee, insurance, or other form of federal assistance.
    • This just means that the State of Alaska gets more than $10,000 in money from the federal government. Clearly this is the case.
Again, this one seems pretty clear. Of course, you never know what a jury will think.

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