On August 16, 2010, the Pennsylvania Superior Court issued a decision upholding the bribery conviction of a township commissioner seeking to increase the sale price of township-owned land. The case reported as Commonwealth v. Moran, 2010 Pa. Super 152 (copy attached), concerned a brief telephone call to a developer under contract for the land advising the developer that the zoning process would be expedited if the purchase price was increased by $500,000. The commissioner was convicted by a jury of Bribery in Official and Political Matters under 18 Pa.C.S. § 4701, a felony of the third degree, and sentenced to 6 months probation and a $10,000 fine. On appeal, the Defendant argued that he did not meet the requisite mental state to be found guilty of the crime because he would derive no personal benefit in exchange for the exercise of governmental authority as result of the transaction.

The Court disagreed finding that the “benefit” under 18 Pa.C.S. § 4701, includes any advantage or gain to any other entity whose welfare defendant was interested. Defendant, acting in his capacity as a commissioner, was attempting to obtain an advantage for the township by exercising the official discretion he held to obtain zoning concessions. While the Defendant would derive no personal pecuniary benefit from this solicitation the Court stated that “plainly put, no person in public service may solicit a benefit as a quid pro quo for his exercise of the official discretion he holds”. The statement made to the developer by the Defendant, suggested that in the absence of payment the zoning process would be less expeditious, likely increasing the developer’s costs. The Court determined that this was without question bribery under 18 Pa.C.S. § 4701 and could “scarcely conceive of a more audacious abuse of government power.” Id. It is unclear at this time whether a request will be made for a re-argument of this 2-1 decision of the Superior Court.

For further information please contact:

Vincent M. Pompo
Voice (610) 430-8000
Fax (610) 692-6210
vpompo@lambmcerlane.com

Lauren K. Dentone
Voice (610) 430-8000
Fax (610) 692-6210
ldentone@lambmcerlane.com

Mr. Pompo is chairman of the firm’s municipal law practice group. Ms. Dentone, an associate of the firm, formerly served as an assistant district attorney with the Chester County District Attorney’s Office.