Ocasio v. United States

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Ocasio and other police officers routed damaged vehicles from accident scenes to an auto repair shop in exchange for kickbacks. He was charged with obtaining money from the shopowners under color of official right (Hobbs Act, 18 U.S.C. 1951), and conspiring to violate the Hobbs Act, 18 U.S.C. 371. The court rejected his argument that—because the Act prohibits the obtaining of property “from another”—a Hobbs Act conspiracy requires proof that the alleged conspirators agreed to obtain property from someone outside the conspiracy. The Fourth Circuit and Supreme Court affirmed his conviction. A defendant may be convicted of conspiring to violate the Act based on proof that he reached an agreement with the owner of the property in question to obtain that property under color of official right. The general federal conspiracy statute, under which Ocasio was convicted, makes it a crime to “conspire . . . to commit any offense against the United States.” It is sufficient that the conspirator agreed that the underlying crime be committed by a member of the conspiracy capable of committing it. Ocasio and the shopowners shared a common purpose that officers would obtain property “from another” (shopowners) under color of official right. The Court noted that its decision does not transform every bribe of a public official into conspiracy to commit extortion. View "Ocasio v. United States" on Justia Law