U.S. v. Owens

Record failed to contain sufficient evidence to support jury’s guilty verdict on two counts of federal program bribery charge arising out of defendant’s acceptance of two $600 bribes in exchange for his issuance of certificates of occupancy covering four newly constructed homes. Charged offense requires showing that “business” or “transaction” sought to be influenced involved thing of value of $5,000 or more, and govt. failed to show that issuance of instant certificates met $5,000 threshold where defendant received only $600 per issuance. Fact that instant homes carried mortgages ranging from $180,000 to $250,000 did not serve to satisfy $5,000 threshold, and govt. otherwise failed to present evidence that issuance of instant certificates benefited homeowners in some way that issuance of legitimate certificates would not have.