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" ... (2) The defendant acted corruptly and willfully. (emphasis mine) ... "
" ... The Department searched exhaustively for evidence that any IRS employee deliberately targeted an applicant or group of applicants for scrutiny, delay, denial, or other adverse treatment because of their viewpoint. Intentional viewpoint discrimination may violate civil rights statutes, which criminalize acting under color of law to willfully deprive a person of rights protected by the Constitution or federal law. See 18 U.S.C. §§ 241, 242. Intentional viewpoint discrimination may also violate criminal tax statutes that prohibit IRS employees from committing willful oppression under color of law, for example by deliberately failing to perform official duties with the intent of defeating the due administration of revenue laws, or by corruptly impeding or obstructing the administration of the Tax Code. See 26 U.S.C. §§ 7214(a)(l ), 7214(a)(3), 7212(a). These statutes require proof beyond a reasonable doubt that an IRS official specifically intended to violate the Constitution, Tax Code, or another federal law. ... "
" ... The third and final element is the defendant “corruptly endeavored to influence, obstruct, or impede the due and proper administration of the law under which the proceeding was pending.” The critical word here is “corruptly”, a word assigned different meaning by each side of the political aisle and how far from the aisle the commentator stands. On one side of the political aisle, the favored interpretation may be that Mr. Flynn has “gone through enough, so consider moving on”, that is no intent to influence “corruptly”. On the other side of the political aisle, the favored interpretation well may satisfy fully the “corrupt endeavor[ing] to influence” language. Which, if either, is not for resolution here. Instead, the fact of two competing explanations demonstrates the practical challenge of reasonable doubt. ... "
" ... Unsurprisingly, the answer was no. The FCPA prohibits corrupt payments to foreign officials, candidates for office, and political parties. It does not prohibit payments directly to foreign governments. Here, the payment would be made to a government entity, and there was no indication the money would be diverted into any individual’s pocket or that it was intended to corruptly influence a foreign official. The government-owned company had provided legitimate services to the firm, and the size of the payment was evidently commercially reasonable. Under these circumstances, no enforcement action would be forthcoming. ... "