U.S. Judge Allows Wiretap Evidence Against Alderman McGee

Milwaukee Alderman Mike McGee Jr. suffered a major setback in court on Wednesday when the federal judge ruled that the federal wire taps obtained can be used against him during his trial.^[1] The politician accused of being involved in a vote buying scheme and other crimes.^[2]

McGee’s attorney sought to have them thrown out because he didn't like the how a federal agent went about getting that wire tap.^[3] “The law is very clear. If there is a violation, there’s only one remedy, suppression,” McGee’s federal criminal defense attorney Glenn Givens said.^[4] Givens argued that the federal agent who applied for the wire tape did so knowingly using false and misleading information.^[5]

Judge Dennis Moroney disagreed and ruled the wire taps will be admissible in the state trial.^[6]

At this point it is not clear what evidence investigators collected on the wire taps. So far that information remains sealed, but you get the sense how crucial it is to the state's case because the defense attorney has been in court all week fighting to keep it in play.^[7]

Public Corruption encompasses a large number of white collar crimes, the primary goals of which are to receive, offer, or give, preferred treatment or performance in return for monies, gifts or favors. There are several offenses an individual may be charged with which concern bribery, extortion, government fraud, procurement fraud, kickbacks, and misuse of public authority. We will highlight only a few of them here.18 U.S.C. § 201 covers several forms of bribery of public officials and witnesses and states in part that whoever 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 to influence any official act;^[8] or 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 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]

Furthermore §201 defines a public official as: a Member of Congress; a Delegate; or a Resident Commissioner; an officer or employee or person acting for or on behalf of any department, agency or branch of Government of the United States, including the District of Columbia, in any official function; or a juror.^[11]

An official act is defined as any decision or action on any question, matter, cause, suit, proceeding or controversy, which may at any time be pending, or which may by law be brought before any public official, in that official's official capacity, or in that official's place of trust or profit.^[12]

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^[1] Ty Milburn, Katie DeLong, Judge: Wire Taps Used In McGee Case, NBC Milwaukee, January 7, 2008, available at http://www.todaystmj4.com/news/local/12437066.html (last visited January 7, 2008).
^[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(a).
^[12] Id.