Basim Omar Sabri v. United States (541 U.S. 600)
U.S. Supreme Court · decided May 17, 2004 · Supreme Court Database (Spaeth)
- Citation
- 541 U.S. 600 · 124 S. Ct. 1941
- Decided
- May 17, 2004
- Term
- October Term 2003
- Vote
- 9–0
- Majority author
- Justice Souter
- Issue area
- Federalism
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Liberal
Opinion excerpt
Justice Souter delivered the opinion of the Court. The question is whether 18 U. S. C. § 666(a)(2), proscribing bribery of state, local, and tribal officials of entities that receive at least $10,000 in federal funds, is a valid exercise of congressional authority under Article I of the Constitution. We hold that it is. I Petitioner Basim Omar Sabri is a real estate developer who proposed to build a hotel and retail structure in the city of Minneapolis. Sabri lacked confidence, however, in his ability to adapt to the lawful administration of licensing and zoning laws, and offered three separate bribes to a city councilman, Brian Herron, according to the grand jury indictment that gave rise to this case. At the time the bribes were allegedly offered (between July 2 and July 17,2001), Herron served as a member of the Board of Commissioners of the Minneapolis Community Development Agency (MCDA), a public body created by the city council to fund housing and economic development within the city. App. to Pet. for Cert. A-64 to A-65. Count 1 of the indictment charged Sabri with offering a $5,000 kickback for obtaining various regulatory approvals, ibid., and according to Count 2, Sabri offered Herron a $10,000 bribe to set up and attend a meeting with owners of land near the site Sabri had in mind, at which Herron would threaten to use the city’s eminent domain authority to seize…
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