Eligible citizens could sue government officials over schemes to cheat citizens of honest services, but they would need a lawyer and evidence to support their claims.
Eligible U.S. citizens could sue government officials in federal court over schemes to cheat citizens of honest services.
A plaintiff would need a lawyer and supporting evidence. The complaint starts under seal, and a government criminal case would end the civil case.
An official found liable could owe the plaintiff damages and reasonable legal costs. A plaintiff who substantially helped a government criminal case could receive costs even if the civil case is dismissed.
Allow a qualified citizen to bring a civil case in federal court against a government official for a scheme to cheat citizens of honest services. A government official includes public officials, people selected to become public officials, and certain state, local, or Tribal government agents when the alleged scheme meets specified federal crime requirements. The plaintiff must be a U.S. citizen who was a constituent or lived within the official's jurisdiction during the alleged scheme. The plaintiff cannot be a candidate for elected office or act for, coordinate with, or use funding from a candidate, campaign committee, or candidate's legal defense fund. A case must be filed within one year after the plaintiff discovers, or reasonably should discover, the alleged scheme, and no later than the deadline for filing a criminal charge under section 1343.
Require a lawyer, evidence, and court review for a citizen's case, with the complaint first kept under seal. These procedures apply to citizens bringing the civil cases described in the bill. The plaintiff and lawyer must certify under penalty of perjury that they reasonably believe the allegations are true, supported by evidence, and brought by a qualified plaintiff. The government receives the complaint and evidence disclosure and has 60 days to start a criminal case or decline; a court may extend the under-seal period for good cause. If the government starts a criminal case, the civil case is dismissed. If it declines, the plaintiff must file an evidence disclosure within 60 days. The court must find the filing and certification rules were met before unsealing the complaint and ordering service. The plaintiff cannot represent themself, and the case must be dismissed with prejudice if the rules are not met. The complaint must remain under seal for at least 60 days; the government may seek more time for good cause.
Award damages and reasonable legal costs in a civil case when an official is found liable. These awards apply to civil cases under the bill against liable government officials. The plaintiff would receive compensatory damages and damages equal to three times the value of any bribe the official solicited or accepted. Punitive damages would go to the Department of Justice Assets Forfeiture Fund. If a government criminal case leads to dismissal of the civil case, the court must award the plaintiff reasonable expenses and legal costs if it finds the plaintiff substantially helped the prosecution.
No hearings or votes scheduled.