United States v. McCormack

AMENDED MEMORANDUM AND ORDER

GERTNER, District Judge.

This case raises the question of how far Congress has gone, and, under the Constitution, may go, to federalize crime — here, the crime of bribing a Malden Police Officer to ignore certain state offenses.

Kevin McCormack (“McCormack”) has been indicted for giving cash payments of $4,000 to a Malden police officer, Detective David Jordan (“Jordan”), in violation of 18 U.S.C. § 666(a)(2). While the Malden Police department receives federal funds, the alleged bribe had nothing whatever to do with those funds, or indeed, with any cognizable…