Ninth Circuit upholds bribery conviction of longtime LA politician

In exchange for helping USC win contracts from LA County, Mark Ridley-Thomas funneled $100,000 from his ballot committee through the university and into his son's nonprofit in an effort to avoid the appearance of nepotism.PASADENA, Calif. (CN) — The Ninth Circuit on Monday upheld the bribery conviction of veteran Los Angeles politician Mark Ridley-Thomas, who was found guilty of soliciting favors for his son from the University of Southern California in exchange for his support helping the university win contracts from LA County.In a unanimous decision, the appellate panel rejected Ridley-Thomas’ argument that the funneling of $100,000 by the dean of USC’s School of Social Work in 2018 — from Ridley-Thomas’ ballot committee, through the school, to a nonprofit his son Sebastian had set up — didn’t amount to him receiving a “thing of value” to sustain a bribery conviction.“Although admittedly not the usual bribery scheme involving the transfer of money to a public official, the transfer of $100,000 from Ridley-Thomas to USC to United Ways for Sebastian’s benefit constitutes a ’thing of value’ under our precedent, the panel said in a per curiam opinion that isn’t attributed to an individual judge.The indirect donation to his son’s newly created Policy, Research & Practice Initiative — sponsored by United Ways — was part of Ridley-Thomas’ broader effort in 2017 to 2018 to help Sebastian. The younger Ridley-Thomas abruptly resigned from the California Assembly in December 2017 amid a sexual harassment investigation, purportedly because of health issues.Ridley-Thomas, 71, who served on the LA County Board of Supervisors at the time, worked with Marilyn Flynn, the dean of the USC’s School of Social Work, “to create a landing spot for Sebastian.”Flynn, who needed LA County contracts for the school to balance the books, helped secure Sebastian’s enrollment in a joint degree master’s program on a full-tuition scholarship as well as a faculty appointment at the School of Public Policy.In addition, his father donated $100,000 from his campaign committee in December 2017 to the African American Civic Engagement Project in an attempt to get Sebastian a position with the nonprofit.That effort failed, however, because the president of that organization was concerned about the appearance of nepotism and being “seen as doing special favors for special people.”The nonprofit’s refusal to take Ridley-Thomas’ money was evidence that Flynn’s assistance in funneling the money through USC — in order to avoid the perception of nepotism — was a thing of value for Ridley-Thomas, in exchange for which he helped her school land a telehealth services contract from the county, the Ninth Circuit panel said.“Ridley-Thomas’ request for Flynn’s assistance occurred while the Telehealth amendment hung in the balance, awaiting approval from the Board of Supervisor,” the panel said. “Flynn’s assistance with the $100,000 cash transfer through USC for Sebastian’s benefit was an impermissible string attached to Ridley-Thomas’ support of the Telehealth amendment.”At the November 2024 hearing on Ridley-Thomas’ appeal, the Ninth Circuit panel pushed back against the Justice Department’s honest services fraud and bribery theory.U.S. Circuit Judge Morgan Christen, a Barack Obama appointee, appeared puzzled about how the $100,000 payment itself amounted to a bribe since it was the politician’s own money.And U.S. Circuit Judge Anthony Johnstone, a Joe Biden appointee, wondered how USC’s otherwise legal movement of Ridley-Thomas’ money from his ballot committee to his son’s nonprofit had some financial value.“We have said in some of the cases that there has to be both financial and subjective value,” Johnstone noted. “The pie is not getting bigger in this case.”Third on the panel was U.S. Circuit Judge Johnnie Rawlinson, a Bill Clinton appointee.In the end, the panel agreed funneling $100,000 from Ridley-Thomas to USC to United Ways for Sebastian’s benefit was a “thing of value” sufficient to support Ridley-Thomas’ convictions for both honest services fraud and federal program bribery.U.S. District Judge Dale Fischer sentenced Ridley-Thomas to 3 1/2 years in prison but allowed him to remain out on bail until his appeal was resolved.“While we are disappointed in today’s opinion, we are evaluating all options for en banc review,” said Alyssa Bell, one of Ridley-Thomas’ attorneys.The U.S. attorney’s office in LA declined to comment.Subscribe to our free newslettersOur weekly newsletter Closing Arguments offers the latest about ongoing trials, major litigation and rulings in courthouses around the U.S. and the world, while the monthly Under the Lights dishes the legal dirt from Hollywood, sports, Big Tech and the arts.Additional Reads