Snyder v. United States

Brief for the National Association of Criminal Defense Lawyers as Amicus Curiae in Support of the Petitioner

Brief filed: 02/12/2024


Snyder v. United States

United States Supreme Court; Case No. 23-108


This case presents a criminal statute that has been stretched beyond its limits. Despite its moniker as the “federal program bribery provision,” 18 U.S.C. § 666 paradoxically does not require proof of a connection to any federal funds. And in the government’s view, it does not even require proof of bribery. Instead, as the Petitioner explains, the government reads section 666 to criminalize not only quid pro quo bribes, but also the payment of any afterthe- fact gratuity, if that payment was made in recognition of actions already taken—even if the official did not agree to act in exchange for the payment. That reading is wrong as a textual and structural matter. And it has serious and farreaching consequences for state and local government employees and their constituents. (See also: NACDL's brief in support of Cert)


Samir Deger-Sen, Nicolas Luongo, Latham & Watkins LLP, New York, NY; Brent T. Murphy, Latham & Watkins LLP, Washington, DC; Anne Nicole Thoron, Latham & Watkins LLP, Los Angeles, CA

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