For good or ill, perhaps some of both, campaign contributions are essential to politics in the United States. Campaign contributions can reflect genuine support for a candidate’s positions and appreciation for ordinary aid to constituents. They can also become a bribe—that is, part of an illegal quid pro quo for political favors. What should the test be for deciding when a campaign contribution turns into a bribe? Should the test be the same for giving a campaign contribution and giving something else, such as a gold watch or fancy trip?

These are questions raised by United States v. Benjamin, 95 F.4th 60 (2d Cir. 2024). The U.S. Court of Appeals for the Second Circuit reversed a district court decision that had dismissed federal bribery charges against Brian Benjamin, a former New York state senator and lieutenant governor. The government alleged that Benjamin engaged in honest services fraud and bribery by arranging for a grant of state funds in exchange for campaign contributions.