Question

U.S. v. Tillem.

The case is about of employees of the New York City Department of Health who inspect Manhattan restaurants to determine whether they comply with the City Health Code. The appellants are among 46 individuals arrested after a lengthy investigation into a scheme of corruption that took place in the New York City Department of Health (City Health Department or Department).

Gather information from multiple sources and provide a brief background or summary of the facts. Cite any paraphrasing and quotes from sources.Discuss both sides of the issue before reaching a conclusion, and justify your conclusion and how you arrived at that opinion.

Answer 1

Caption: United States of America v. Moe Tillem

Statement of Facts: The defendants (except 1) were employees of the department of health and were convicted for violation of Hobbs Act. they were found guilty of extorting owners of the restaurant to give them money or free meal in order to pass the quality inspection.

Legal Issues and Rules:

• Plaintiff perspective: The court presented evidence against the 6 defendants that they were found extorting money or free meal from 11 restaurants over a period of 2 years, in order to pass their quality trial.
• Defendant perspective: The defendants pleaded non guilty and they said that they were being framed

Application: As per Hobbs Act, 18 U.S.C. § 1951, extortion by force, violence or fear is considered a criminal offence. The defendants were found guilty of extortion under misuse of their office and power of position. A public officer is considered committing extortion if he obtains a payment or exchange of goods or services as a commission in exchange of his official duty

Decision: The 5 defendants, who were employees of the department of health, were found guilty and their conviction was affirmed.

Citation: United States v. Campbell, No. 88 CR 219 (S-2), slip op. at 3-4 (E.D.N.Y. Apr. 14, 1989) CA at v-vi.