(Kudos to patch.com for actually including a link to the charges in their coverage. Middle finger to the Washington Post.)
Charges are divided into three groups, which appear to correspond to different roles in the bribery. At the top are four people "charged by information". William Singer and Mark Riddell are charged with conspiracy to commit money laundering. (And some other charges.) Based on the media coverage, this is because some payments in the bribery system took the form of donations to a nonprofit operated by Riddell, and this is tax fraud. (One of those other charges is "conspiracy to defraud the United States".) Rudy Meredith is charged with wire fraud, the catchall crime that everyone in the country is guilty of. John Vandemoer is charged with racketeering.
The second group, "charged by indictment", are all charged with racketeering, except for David Sidoo who is charged with mail and wire fraud. I don't know what these people are supposed to have done. I'd like to think that a racketeering charge requires the organization you're involved with to have committed a crime; that would imply that what they're really charged with is helping the sham charity commit tax fraud.
The third group, "charged by complaint", are the parents. One and all they are charged with conspiracy to commit mail fraud.
It doesn't look to me like paying an admissions officer to admit your child is a crime at all. Similarly, bribing a maitre'd to seat you more quickly is bribing a specific employee to act against the interests of his employer, but it's not a crime. Taking the bribe might or might not be a crime. All of the charges here that involve a crime relate to using a sham nonprofit for tax benefits.
> It doesn't look to me like paying an admissions officer to admit your child is a crime at all.
I have not had a chance yet to look properly at the case, but I'd assumed the "fraud" charges are for precisely the act of paying an admissions officer to admit a child. Do you have reason to think that's not the case?
> bribing a maitre'd to seat you more quickly is bribing a specific employee to act against the interests of his employer, but it's not a crime
It's petty enough you wouldn't expect anyone to be prosecuted over it, but are you sure it's not a crime?
>> bribing a maitre'd to seat you more quickly is bribing a specific employee to act against the interests of his employer, but it's not a crime
> It's petty enough you wouldn't expect anyone to be prosecuted over it, but are you sure it's not a crime?
It looks like the legal status of commercial bribery (no involvement of a public official) in the United States, while often illegal, is not always clear-cut: https://en.wikipedia.org/wiki/Commercial_bribery
When the mails are used in the course, the federal offenses that appear to be involved from the charges in this case are “mail fraud” and “honest services mail fraud”; the bribing of the officials would probably also be criminal frauds (against the university) under State law.
> It doesn't look to me like paying an admissions officer to admit your child is a crime at all.
Then why are people being charged with (or pleading guilty to) criminal fraud (or patterns of racketeering activity where the concrete racketeering activity includes criminal frauds) for doing that, conspiring to do it, or facilitating other people doing it? Yes, the federal government doesn't have jurisdiction over mere fraud, so it's the use of the mail that is key to the federal charges on this case, but the basis of the charges here (other than the money laundering and tax fraud related to concealing the quantity and source of the profits from the main scheme) are all about bribing school and test administrators.
This is a little overgenerous.
> In this case, we're talking about bribery of specific employees to act against the interests of their employer. That's simply corruption.
Perhaps. What crime is it?
I went and looked at the charges that were filed, here: https://www.justice.gov/usao-ma/investigations-college-admis...
(Kudos to patch.com for actually including a link to the charges in their coverage. Middle finger to the Washington Post.)
Charges are divided into three groups, which appear to correspond to different roles in the bribery. At the top are four people "charged by information". William Singer and Mark Riddell are charged with conspiracy to commit money laundering. (And some other charges.) Based on the media coverage, this is because some payments in the bribery system took the form of donations to a nonprofit operated by Riddell, and this is tax fraud. (One of those other charges is "conspiracy to defraud the United States".) Rudy Meredith is charged with wire fraud, the catchall crime that everyone in the country is guilty of. John Vandemoer is charged with racketeering.
The second group, "charged by indictment", are all charged with racketeering, except for David Sidoo who is charged with mail and wire fraud. I don't know what these people are supposed to have done. I'd like to think that a racketeering charge requires the organization you're involved with to have committed a crime; that would imply that what they're really charged with is helping the sham charity commit tax fraud.
The third group, "charged by complaint", are the parents. One and all they are charged with conspiracy to commit mail fraud.
It doesn't look to me like paying an admissions officer to admit your child is a crime at all. Similarly, bribing a maitre'd to seat you more quickly is bribing a specific employee to act against the interests of his employer, but it's not a crime. Taking the bribe might or might not be a crime. All of the charges here that involve a crime relate to using a sham nonprofit for tax benefits.