22-313
United States v. Calk
                                          IN THE


             United States Court of Appeals
                          For the Second Circuit
                                         ________

                                    AUGUST TERM, 2022

                                 ARGUED: MAY 17, 2023
                               DECIDED: NOVEMBER 28, 2023

                                        No. 22-313


                              UNITED STATES OF AMERICA,
                                                                                  Appellee,

                                             v.

                  STEPHEN M. CALK, AKA, SEALED DEFENDANT 1,
                                                                       Defendant-Appellant.

                                         ________

                        Appeal from the United States District Court
                          for the Southern District of New York.
                            19-cr-366 – Schofield, District Judge.
                                         ________



Before: CALABRESI, LOHIER, NATHAN, Circuit Judges.
22-313
United States v. Calk

                                        ________


       Defendant-Appellant Stephen Calk (“Calk”) appeals from his convictions
following a jury trial in the United States District Court for the Southern District
of New York (Schofield, J.). Calk was convicted under the financial institution
bribery statute, 

, for facilitating approval of certain loans in
exchange for the loan applicant’s assistance in securing Calk’s appointment to a
position in an incoming presidential administration. Calk was also convicted
under 

 of conspiracy to commit financial institution bribery in
violation of Section 215. On appeal, Calk argues that his conduct was not
“corrupt” within the meaning of Section 215(a) and that the loan applicant’s
“assistance” in securing Calk’s appointment to a position in that presidential
administration was not a “thing of value” within the meaning of Section 215(a).
Calk further challenges the jury instructions and the sufficiency of the evidence to
support his convictions. Separately, Calk argues that his convictions were secured
through reliance on testimony procured through an improper grand jury
subpoena. We find that Calk’s challenges are without merit. We therefore
AFFIRM his convictions.




           PAUL M. MONTELEONI, Assistant United States Attorney (Alexandra

             Rothman, Hagan Scotten, Thomas McKay, Assistant United States

             Attorneys, on the brief), for Damian Williams, United States Attorney

             for the Southern District of New York, New York, N.Y.

           ALEXANDRA A.E. SHAPIRO (Daniel J. O’Neill, Avery D. Medjuck, Shapiro

             Arato Bach LLP, New York, N.Y., Paul H. Schoeman, Darren A.

             LaVerne, Kramer Levin Naftalis & Frankel LLP, New York, N.Y., on

             the brief), for Defendant-Appellant.




                                            2
22-313
United States v. Calk

CALABRESI, Circuit Judge:

       This case asks us, as a matter of first impression, to interpret the scope of the

financial institution bribery statute, 

. A jury convicted Stephen Calk

(“Calk”), Defendant-Appellant, of one count of financial institution bribery in

violation of Section 215(a)(2) and one count of conspiracy to commit financial

institution bribery in violation of 

. The United States District Court

for the Southern District of New York (Schofield, J.) sentenced Calk to a term of

366 days’ imprisonment, followed by two years’ supervised release, and imposed

a $1.25 million fine.

       On appeal, Calk raises four challenges. First, Calk challenges (a) what

constitutes “corrupt” conduct under Section 215(a); (b) what constitutes a “thing

of value” under Section 215(a); and (c) how to determine the monetary value of a

“thin