## Facts

- Joann A. Parker worked as a clerk to a Social Security Administration (SSA) Administrative Law Judge (ALJ) and had access to SSA systems, applicant information, and official letterhead, but lacked formal authority to award benefits.
- Parker approached a benefits applicant, offered help obtaining Supplemental Security Income (SSI) benefits, and later demanded payment for assistance.
- After the applicant refused to pay, the applicant’s child’s benefits were terminated; Parker indicated benefits would be reinstated upon payment.
- The applicant reported the conduct to investigators and cooperated with SSA and FBI agents, including recorded telephone calls with Parker.
- The government obtained evidence that Mrs. Parker and her husband, Ralph Parker, accepted cash from the cooperating witness during an FBI-recorded meeting.
- Mrs. Parker later waived her rights and confessed to fraudulently causing approvals and reinstatements for multiple SSI applicants by altering SSA letters, changing names and dates, and forging the ALJ’s signature.
- A jury convicted Mrs. Parker of conspiracy to commit public bribery and five counts of public bribery, and convicted Mr. Parker of conspiracy and three counts of public bribery under 18 U.S.C. §§ 201(b)(2)(C) and 371.

## Issues

1. Whether a lower-level government employee without formal decision-making authority can commit bribery under 18 U.S.C. § 201(b)(2)(C) by accepting money to influence acts carried out using government access and documents.
2. Whether a recorded telephone conversation including an unidentified male speaker was sufficiently authenticated to admit it against Mr. Parker.
3. Whether limiting cross-examination about a government witness’s pending state murder charge violated the Sixth Amendment right of confrontation.

## Decision

- The Fifth Circuit affirmed all convictions and affirmed Mrs. Parker’s sentence.
- The court held the evidence supported that Mrs. Parker, a public official, sought and accepted payments in return for being influenced in the performance of “official acts” within § 201(b)(2)(C), even though her conduct exceeded her lawful authority.
- The court held the district court did not abuse its discretion by admitting the challenged telephone conversation because the government provided sufficient circumstantial evidence to authenticate the speaker.
- The court held the limits on cross-examination did not violate the Confrontation Clause because the jury had enough information to evaluate credibility and the trial court reasonably controlled potentially prejudicial or confusing inquiry.

## Legal Principles

- Under 18 U.S.C. § 201(b)(2)(C), an “official act” may include unauthorized conduct when a government employee uses the access, instruments, and apparent authority of the position to produce official-appearing governmental outcomes.
- Authentication under Federal Rule of Evidence 901 may be established by circumstantial evidence sufficient to support a finding that the evidence is what the proponent claims, including context and corroboration.
- The Sixth Amendment guarantees an opportunity for effective cross-examination, but trial courts may impose reasonable limits to prevent unfair prejudice, confusion, or marginally relevant inquiry so long as the jury can assess bias and credibility.

## Conclusion

The Fifth Circuit upheld the Parkers’ bribery and conspiracy convictions, concluding that a government clerk’s misuse of SSA access to generate forged benefit determinations satisfied § 201’s “official act” element and that the trial court acted within its discretion on authentication and cross-examination limits.


United States v. Parker, 133 F.3d 322 (5th Cir. 1998)