Abouemara v. Commonwealth, Record No. 0284-22-2 (Va. Ct. App. June 6, 2023)
When is a bribe a bribe?
Facts. Mamdoh Abouemara ran a convenience store that featured gaming machines in the Town of La Crosse. The chief of police began an investigation into the legality of this operation. So, Abouemara approached F.A. Hendrick, the town manager of La Crosse and employee of the town council. Abouemara offered to donate money to the town, then asked for a letter of support from the town for his gaming machines. Hendrick declined but said that he would take the proposal to the town council.
At the town council meeting, Hendrick told the council that Abouemara “wants to make a monthly donation of $500 per month to the town, but he wants in return a letter in support of his machines.” The council unanimously rejected the proposal and Abouemara was indicted for bribery.
At trial, Abouemara argued that the Commonwealth could not prove bribery because it had not established a quid pro quo and because the proposal was made in public. The trial court disagreed. It found that Abouemara offered to pay money to the town in exchange for a letter of support for his business, which was being investigated. Abouemara appealed.
Issue. Whether a bribe must be made in secret or with corrupt intent.
Holding. No. The crime of bribery is complete when a defendant offers any pecuniary benefit as consideration for or to obtain or influence the recipient’s decision, opinion, recommendation, vote or other exercise of discretion as a public servant.
Notes. The bribery statute prohibits a person from (a) offering a bribe, (b) accepting a bribe, or (c) soliciting a bribe. A bribe includes an offer of a “pecuniary benefit” to a “public servant” as consideration for the recipient’s vote as a public servant. The benefit need not be conferred on the person receiving the bribe but can be conferred on a person or entity “in whose welfare” the person receiving the bribe is interested. Here, Abouemara offered the town council to pay $500—a pecuniary benefit—to the Town—an entity in which the council had an interest—in exchange for a letter of support—on which he knew the council would vote.
It was irrelevant that the pecuniary benefit was not offered secretly because that is not a requirement of the statute. The Court of Appeals noted that if it were a requirement, “the most unseemly, open, and notorious bribes offered to public servants in plain view would be immunized from prosecution.” Similarly, the statute does not require the prosecution to prove a corrupt intent. Thus, Abouemara’s bribe was complete at the time it was communicated to the town council.