United States v. Phillip Bertman

Defendant-appellant Phillip Bertman appeals from his conviction on one count of violating the Travel Act, 18 U.S.C. § 1952 , by travelling in interstate commerce with the intent to promote a bribery scheme in violation of Hawaii law. We affirm.

FACTS

In an effort to secure the approval of the Liquor Commission of Honolulu for his plan to import Coors beer into Hawaii, Bertman contacted Eugene Carson, Liquor Control Administrator for the City and County of Honolulu. Carson’s responsibilities included processing, investigating and calendaring applications to the Liquor Commission for licenses to distribute beer.

As a result of their initial telephone conversation of September 6, 1977, Carson believed that Bertman intended to offer him a bribe to use his influence to assure approval of Bertman’s application. Carson notified the Honolulu Police Department (HPD) of his suspicions. According to Carson, Bert-man in fact offered him a bribe when they met for lunch on September 7, 1977. From this point on, Carson cooperated with the HPD and federal law enforcement officials and pretended to go along with Bertman’s bribe attempt. During many of his subsequent meetings with Bertman,…