United States v. Kell

707 F.2d 1460 (D.C. Cir. 1983)

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Nature of the Case

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Facts

A convicted con man, Weinberg, convinced the FBI that it should spread the word that wealthy Arabs were willing to bribe members of Congress if private immigration legislation were passed on their behalf. Word reached Ciuzio (D1), an acquaintance of Congressman Kelly (D). D1 told D that he had Arab clients with immigration difficulties and asked if D could help. D1 told D that he would receive a large sum of money if D helped the Arabs. Word was passed, and eventually, Weinberg got the word that a Congressman would assist but would need $250,000. Eventually, a direct meeting was held with D, but D1 told everyone involved that it would not be wise to attempt to bribe D directly, but it was ultimately agreed that D would acknowledge that the money was in exchange for his agreement to assist Arabs. When confronted with this information, D stated that he was interested in investing in his district and knew nothing of D1's arrangement but that D1's arrangement was fine. Eventually, the money was given to D with D being told that D1 would be compensated separately and D agreed with that and got $25,000 in cash which he stuffed in his suit pockets. D was arrested, convicted, and got the district court to dismiss on the conclusion that the FBI's acts were so outrageous that conviction was barred on principles of due process.