Former North Carolina Speaker to be Sentenced

Jim Black, who at one point was the Speaker of the North Carolina House, will receive his sentence Wednesday after he plead guilty in February to accepting illegal gratuities.^[1] Black was first elected to the House in 1980, Black lost a re-election bid in 1984.^[2] He returned to Raleigh in 1991 and won his first race for speaker eight years later by a single vote. He went on to serve four terms in the House's top job.^[3]

In federal court, prosecutors presented evidence in February showing Black accepted a total of about $25,000 in cash on four occasions between February 2002 and December 2005 from three chiropractors as a "reward" for his efforts in state government.^[4] Black and the chiropractors met twice in restaurant bathrooms to make the cash transfers.^[5]It is also alleged Black received a $500,000 check from a lobbyist in June 2000 that was deposited directly into his campaign account.^[6] Black then supposedly wrote a check from his campaign account for the same amount back to the lobbyist. But shortly thereafter, Black made another $500,000 deposit into his campaign account and reported it in campaign filings as a personal loan.^[7]

Bribery
Bribery is covered under 18 U.S.C. § 210 (2007) wherein it states that under section 210, it is a crime for a person to pay or offer or promise any money or thing of value, to any person, firm, or corporation in consideration of the use or promise to use any influence to procure any appointive office or place under the United States for any person, The punishment for a violation of section 210 is a fine, imprisonment for not more than one year, or both.

Bribery of public officials and witnesses is covered under 18 U.S.C. § 201(b) and states that whoever;

1) directly or indirectly, corruptly gives, offers or promises anything of value to any public official or person who has been selected to be a public official, or offers or promises any public official or any person who has been selected to be a public official to give anything of value to any other person or entity, with intent - A) to influence any official act;^[8] or B) to influence such public official or person who has been selected to be a public official to commit or aid in committing, or collude in, or allow, any fraud, or make opportunity for the commission of any fraud, on the United States;^[9] or C) to induce such public official or such person who has been selected to be a public official to do or omit to do any act in violation of the lawful duty of such official or person;^[10]

2) being a public official or person selected to be a public official, directly or indirectly, corruptly demands, seeks, receives, accepts, or agrees to receive or accept anything of value personally or for any other person or entity, in return for: A) being influenced in the performance of any official act;^[11] B) being influenced to commit or aid in committing, or to collude in, or allow, any fraud, or make opportunity for the commission of any fraud, on the United States;^[12] or C) being induced to do or omit to do any act in violation of the official duty of such official or person;^[13]

3) directly or indirectly, corruptly gives, offers, or promises anything of value to any person, or offers or promises such person to give anything of value to any other person or entity, with intent to influence the testimony under oath or affirmation of such first-mentioned person as a witness upon a trial, hearing, or other proceeding, before any court, any committee of either House or both Houses of Congress, or any agency, commission, or officer authorized by the laws of the United States to hear evidence or take testimony, or with intent to influence such person to absent himself therefrom;^[14]

4) directly or indirectly, corruptly demands, seeks, receives, accepts, or agrees to receive or accept anything of value personally or for any other person or entity in return for being influenced in testimony under oath or affirmation as a witness upon any such trial, hearing, or other proceeding, or in return for absenting himself therefrom;^[15] shall be fined under this title or not more than three times the monetary equivalent of the thing of value, whichever is greater, or imprisoned for not more than fifteen years, or both, and may be disqualified from holding any office of honor, trust, or profit under the United States.

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^[1] Gary D. Robertson, Ex-NC speaker Black arrives in court, Associated Press Newswire, July 11, 2007, available at LEXIS, News Library, Wire News Services File.
^[2] Id.
^[3] Id.
^[4] Id.
^[5] Id.
^[6] Id.
^[7] Id.
^[8] 18 U.S.C. § 201(b)(1)(A)(2007).
^[9] Id., at § 201(b)(1)(B).
^[10] Id., at § 201(b)(1)(C).
^[11] Id., at § 201(b)(2)(A).
^[12] Id., at § 201(b)(2)(B).
^[13] Id., at § 201(b)(2)(C).
^[14] Id., at § 201(b)(3).
^[15] Id., at § 201(b)(4).