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.

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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

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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, 18 U.S.C. § 215, 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 18 U.S.C. § 371 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, 18 U.S.C. § 215. 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 18 U.S.C. § 371. 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 “thing of value” under Section 215(a), all elements of the crime. Second, Calk argues that there is insufficient evidence