Supreme Court Refuses to Hear Jefferson’s Appeal

11/27/12

On Monday, the U.S. Supreme Court refused to hear the appeal against his conviction by former Louisiana congressman William Jefferson. Jefferson who became famous for “cold cash” after FBI agents found $90,000 wrapped in foil and stored in the freezer at his residence was convicted in 2009 on multiple charges of bribery and money laundering.

However, Jefferson appealed, trying to draw a fine distinction between conduct in “official” acts and conduct otherwise. In his appeal to the Supreme Court against the 4^th Circuit's decision to uphold his conviction, Jefferson had argued that the 4^th Circuit had erred because “official acts” in the case of a congressman should be confined to include only acts done by him in the “formal legislative process” or that related to “governmental decision making.”

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However, Jefferson was accused by prosecutors of soliciting millions of dollars in bribes from companies to broker their ventures in Ghana and Nigeria, get oil concessions for them in Equatorial Guinea, and obtain investments in a Nigerian sugar plant along with satellite transmission contracts in Botswana, Equatorial Guinea, and the Democratic Republic of Congo.

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According to Jefferson, none of these acts can be construed as ‘official acts' as they do not pertain to his responsibilities as a congressman in “the formal legislative process” or to “governmental decision-making.” Hence, the money obtained to broker lucrative foreign contracts for U.S. companies cannot be construed as ‘bribes' even though he might have been holding the position of a congressman during the period.

Jefferson was found guilty by a federal jury in 2009 on charges of soliciting bribes, money laundering and participation in a racketeering scheme. Subsequently, the 4^th Circuit Court of Appeals upheld 10 of the 11 counts, and Jefferson is currently serving a 13-year prison term. Following his indictment, Jefferson lost his 10th term in Congress in 2008, and is currently serving time in a prison in Beaumont, Texas. He is due to be released in 2023.

The U.S. government opposed Jefferson's appeal on the ground that his interpretation of the relevant bribery law was “cramped,” and the Supreme Court refused to hear the appeal.