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"Official" Explanation: Defining "Official Capacity" and Related "Color of Office" Phrases in Bribery and Extortion Law

I. INTRODUCTION

Bribery is very much in the news these days. At the national level, the bribery scandals involving "uber-lobbyist" Jack Abramoff have roiled the political world of Washington, D.C., spurring a spate of criminal investigations.1 The scandal is reported to involve over half a dozen congressmen plus untold numbers of congressional staffers, executive branch officials, and other lobbyists covering numerous transactions and inducements over a number of years. Prior to that, bribery allegations surrounding Louisiana Congressman William Jefferson involved the colorful detail of $90,000 in cash allegedly found in his freezer during an FBI raid.3

Closer to home in Tennessee, the ...

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