LAW.coLAW.co

United States v. Velez-Ramirez

2026-08-28

Summary

Holding. The First Circuit affirmed the conviction, holding that sufficient evidence supported the jury's finding that the value of the government transaction—helping the defendant avoid a criminal conviction—met the $5,000 threshold required under 18 U.S.C. § 666(a)(1)(B), based on the victim's subjective valuation corroborated by objective indicia including legal fees, fines, and lost wages, as well as evidence concerning her career earning potential.

A Puerto Rico police officer accepted a bribe consisting of a sexual encounter in exchange for agreeing to help a young woman avoid prosecution for marijuana possession. After the officer failed to deliver on his promise to get her case dismissed, federal authorities investigated and charged him under federal bribery statutes. At trial, a jury convicted the officer based on evidence showing the victim valued avoiding a criminal conviction at over $10,000 due to her career aspirations as a nurse, coupled with quantifiable costs such as attorney's fees, court bonds, and lost wages from multiple court appearances.

On appeal, the officer challenged whether the government proved the $5,000 threshold required for federal bribery charges, arguing that his victim's subjective valuation of avoiding prosecution was insufficient and that subsequent costs she incurred were artificially inflated by his own misconduct. The court upheld the conviction, finding that the victim's stated willingness to pay for case dismissal, combined with objective evidence of her actual expenses and career concerns, provided a reasonable basis for a jury to conclude the government transaction was worth at least $5,000.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Valuation of intangible government services in federal bribery cases when neither the bribe nor the benefit has easily ascertainable market value
  • Sufficiency of evidence for the $5,000 transactional element under 18 U.S.C. § 666(a)(1)(B)
  • Use of bribe-recipient's subjective valuation combined with objective costs to establish value of government benefit
  • Plain error review of alleged Fifth Amendment violation for prosecutor's statement regarding corroborating evidence from available witnesses

Procedural posture

The defendant was convicted by jury in district court for federal bribery and timely appealed to the First Circuit Court of Appeals.

Authorities cited

Opinion

majority opinion

United States Court of Appeals

For the First Circuit

No. 24-1049

UNITED STATES,

Appellee,

v.

GERMAINE VÉLEZ-RAMÍREZ,

Defendant, Appellant.

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF PUERTO RICO

[Hon. Gustavo A. Gelpí, U.S. Circuit Judge]

Before

Aframe, Lipez, and Dunlap,

Circuit Judges.

Tina Schneider, for appellant.

Marie Christine Amy, Assistant United States Attorney, with

whom W. Stephen Muldrow, United States Attorney, and Juan Carlos

Reyes-Ramos, Assistant United States Attorney, Chief, Appellate

Division, were on brief, for appellee.

August 28, 2026

AFRAME, Circuit Judge. A jury convicted a member of the

Police of Puerto Rico's Drug Unit, Germaine Vélez-Ramírez

("Vélez"), for receiving a bribe in violation of 18 U.S.C.

§ 666(a)(1)(B), after he agreed to help someone he had arrested

avoid a criminal conviction in exchange for sex. Vélez now appeals

his conviction. Principally, he contends that there was

insufficient evidence for a reasonable jury to determine that

assisting this person avoid a conviction was worth at least $5,000,

a required element for a conviction under § 666(a)(1)(B). Vélez

also argues that the prosecution improperly referenced his

decision not to testify in violation of his Fifth Amendment right

against self-incrimination. We affirm Vélez's conviction.

SUFFICIENCY OF THE EVIDENCE

Vélez timely moved for an acquittal, asserting that

there was insufficient evidence to convict him on several elements

of § 666(a)(1)(B). See Fed. R. Crim. P. 29. The district court

denied the motion. On appeal, Vélez asserts only that the

government failed to prove the "transactional element" of

§ 666(a)(1)(B), which requires that the value of the government

"business" or "transaction" provided in exchange for the bribe

equals or exceeds $5,000. United States v. Acevedo-Hernández, 898

F.3d 150, 162 (1st Cir. 2018) (quoting United States v.

Bravo-Fernández, 722 F.3d 1, 12-13 (1st Cir. 2013)).

-2-We review de novo the denial of a motion for acquittal.

United States v. Abercrombie, 162 F.4th 47, 51 (1st Cir. 2025).

In so doing, we ask whether any reasonable jury could have found

that the evidence produced at trial, along with all reasonable

inferences viewed in the light most favorable to the government,

established the elements of the crime beyond a reasonable doubt.

United States v. Ridolfi, 768 F.3d 57, 61 (1st Cir. 2013) (quoting

United States v. Rodríguez, 735 F.3d 1, 7 (1st Cir. 2013)). We do

not review these pieces of evidence and inferences "separately";

rather, we look at their "sum." Acevedo-Hernández, 898 F.3d at

161. We will uphold the verdict so long as any "plausible

rendition" of the record supports it. United States v.

Deschambault, 176 F.4th 9, 30 (1st Cir. 2026) (quoting United

States v. Díaz-Colón, 163 F.4th 1, 16 (1st Cir. 2025)). Consistent

with these principles, we recite the trial evidence in the light

most favorable to the government. Abercrombie, 162 F.4th at 51.

On Friday, March 25, 2016, Vélez arrested Eleana

Arocho-Gadivia ("Arocho"), who was twenty-one years old at the

time, for possession of a marijuana cigarette. Officers then

brought Arocho to a local police station where they processed her

arrest, including by taking down her name and cell phone number.

Arocho was told to report to court the next week and then was

released later that night. But before Arocho left the station,

she spoke with Vélez, who told her that he would call her once he

-3-left work to talk about the criminal process awaiting her. This

was reassuring to Arocho. At the time, Arocho worked part time as

an assistant nurse earning eight dollars an hour while she

completed her undergraduate studies to become a full-time nurse.

She was worried that an arrest would affect her ability to pursue

this career path. Vélez's offer to help reduced her concerns.

Within the next day, Arocho and Vélez spoke a few times,

sometimes in person and other times over the phone. During these

conversations, Vélez told Arocho what she should expect from the

criminal process. He also told her that he would help get her

case dismissed. Arocho recognized that "nothing was for free," so

she asked Vélez what he wanted in return. Vélez responded that

the two of them "were adults and that [Arocho] knew already what

he wanted." Arocho understood Vélez to be asking for sex.

On the evening of March 26, the day after her arrest,

Arocho got into Velez’s car and the two drove off together to an

open area where they were alone. There, they had sex in Vélez’s

car. Vélez then dropped Arocho at a Burger King, where she

contacted her friends to pick her up. By the time one of her

friends arrived, Arocho was "stressed" and "crying," as though

"something bad emotionally [had] happened to her." Arocho later

explained that she would not have had sex with Vélez absent his

offer to obtain the dismissal of her criminal case.

-4-The following week, Arocho went to court for her

scheduled hearing. Arocho did not hire a lawyer or bring money

for bail because she expected that Vélez would have arranged for

the case to be dismissed. Instead, Vélez testified at the hearing

that the case should proceed. The court then allowed the case to

continue and set Arocho's bond at $100. This upset Arocho -- Vélez

had not held up his end of the bargain and Arocho remained

concerned that a criminal conviction would affect her career

prospects. Arocho would later testify at Vélez's trial that she

would have paid over $10,000 (indeed, over $100,000 if she could

have afforded it) to avoid a conviction.

Arocho continued to have hearings in her criminal case

for a little over a year. At first, she was assigned free legal

counsel from Legal Aid. But, after that attorney recommended that

Arocho plead guilty, Arocho hired a private attorney, whom she had

to pay. Once Arocho hired a private attorney, there were a total

of seventeen court dates set. The private attorney charged $400

per hearing. And each time Arocho appeared, she had to miss work.

But some of these court dates were rescheduled because the

prosecution was not prepared.

As it turns out, Vélez was responsible for many of these

delays as he was trying to assist Arocho. Sometimes, he failed to

show up to testify. Other times, the prosecution could not move

forward because Vélez was trying to tamper with evidence related

-5-to the marijuana cigarette that formed the basis of Arocho's

arrest. In fact, Vélez admitted to William Burgos-Vélez

("Burgos"), a police department colleague, that he was causing the

delays to uphold his end of the bargain with Arocho.

On April 10, 2017, Arocho pleaded guilty. As a result,

she had to pay a $1,000 fine and complete community service and a

diversion course. Once Arocho met these requirements, her

conviction was reclassified to a misdemeanor, and six months later,

the conviction was removed from her criminal record. Arocho had

to pay her attorney an additional $400 to have her record expunged.

Eventually, federal authorities became aware of Vélez's

conduct. Burgos, who was also a Federal Bureau of Investigations

("FBI") informant, told federal authorities the information he had

received from Vélez. Separately, Arocho told her attorney about

her interactions with Vélez. Later, Arocho spoke with federal

authorities and participated in grand jury proceedings regarding

Vélez's conduct. Vélez was then indicted, tried, and convicted

for violating 18 U.S.C. § 666(a)(1)(B).

Section 666(a)(1)(B) prohibits government officials

from "corruptly solicit[ing] . . . or accept[ing] . . . anything

of value from any person," if the official "inten[ds] to be

influenced or rewarded in connection with any [governmental]

business [or] transaction . . . involving any thing of value of

$5,000 or more." A conviction under this provision also mandates

-6-that the official work for an "organization, government, or agency"

that receives more than $10,000 in federal funds in a particular

year, a requirement that the government proved at trial. 18 U.S.C.

§ 666(b). On appeal, the crux of Vélez's sufficiency challenge is

that the government failed to produce adequate evidence that the

value of the government "business" or "transaction" -- here,

Arocho's ability to avoid criminal proceedings, a conviction, and

having a criminal history -- was at least $5,000. 18 U.S.C.

§ 666(a)(1)(B).

This case presents a wrinkle that differentiates it from

many cases addressing the transactional element of § 666(a)(1)(B).

The most straightforward category of cases dealing with this

element occurs when the business or transaction that a government

official provides is a government payment to the bribe-giver. For

example, when an official accepts a bribe to award a government

contract to the bribe-giver, the transactional element is

satisfied when the contract provides the bribe-giver with at least

$5,000. A second more straightforward category of case occurs

when a government official provides an intangible business or

transaction that is not easily valued -- for example, increased

freedom for an individual on supervised relief -- in exchange for

a bribe that is easily valued -- for example, earrings with an

established market value and a bag full of cash. See United States

v. Townsend, 630 F.3d 1003, 1008-09, 1011-12 (11th Cir. 2011). In

-7-those circumstances, the value of the bribe may stand as a proxy

for the value of the business or transaction rendered because it

serves as an estimate of "how much a person in the market would be

willing to pay" for that intangible service. Id. at 1011 (quoting

United States v. Marmolejo, 89 F.3d 1185, 1194 (5th Cir. 1996);

see also Bravo-Fernández, 722 F.3d at 13.

This case falls into a third category where neither the

government business or transaction nor the bribe has an easily

ascertainable value, i.e., a dropped criminal charge and a sexual

encounter. Still, there are methods to approximate the value of

such transactions in these more nebulous circumstances. Most

notably, to value the government business or transaction, courts

have relied on the "value of the benefit the bribe-giver will

receive if the bribe is successful." United States v. Owens, 697

F.3d 657, 659 (7th Cir. 2012); see also United States v. Delgado,

984 F.3d 435, 448 (5th Cir. 2021). For example, in United States

v. Curescu, a developer provided $7,000 to a middleman who pocketed

most of the money for himself and then paid a municipal plumbing

inspector $1,000 to sign off on unlicensed plumbing that another

party had performed for the developer. 674 F.3d 735, 738 (7th

Cir. 2012). A jury convicted the plumbing inspector. Id. at 737.

In affirming the conviction, the court of appeals determined that

the value of the inspector's rubber stamp exceeded $5,000. Id. at

743. The court did not look to the amount of the bribe that the

-8-inspector received, which was only $1,000. Id. Rather, it looked

to the benefit that the developer received from not having to redo

the plumbing. Id.

We rely primarily on this latter method of valuation,

which is consistent with the district court's unchallenged jury

instruction explaining that "'value' means the face, part, market

value, or cost price . . . whichever is greater," and emphasizing

that "intangible items, such as . . . sexual services" could be

used to measure value. (Emphasis added.) Accordingly, we ask

whether there was sufficient evidence that resolving the criminal

charge by dismissal was worth at least $5,000 to Arocho under the

circumstances she faced. In so doing, we are mindful of the

"wisdom of the jury" regarding how to value "difficult-to-quantify

benefits," such as Arocho's "liberty interest[]" and a clean

record. Delgado, 984 F.3d at 448.

At the time she was arrested, Arocho was earning eight

dollars an hour and studying to become a full-time nurse with

increased earning potential. She feared that a criminal record

would prevent her from obtaining this career advancement and stated

that she would be willing to pay $10,000 (and even $100,000 if she

had such funds) to avoid this outcome. Further, Arocho's response

and attitude toward her encounter with Vélez lends credibility to

her subjective valuation -- she would not have had sex with Vélez

absent his offer to help her and their encounter left her in tears.

-9-This trial evidence, along with reasonable inferences and

credibility determinations made in the light most favorable to the

government, see Acevedo-Hernández, 898 F.3d at 161, would permit

a reasonable jury to conclude that Arocho, given her young age,

expected her career earnings would increase by far more than $5,000

if she became a full-time nurse and that a drug-related conviction

would likely jeopardize this potential financial gain. And her

subjective valuation (at least $10,000) of gaining dismissal of

the charge against her, along with her decision to put herself

through an emotionally taxing event, support the jury's conclusion

that the value to Arocho of avoiding a criminal record for a

drug-related charge was at least $5,000. That is to say, Arocho's

subjective valuation, which was corroborated by objective indicia

supporting that valuation, supports the jury verdict.

Moreover, this is not a case where there was evidence

only of Arocho's subjective valuation. Throughout her criminal

proceedings, Arocho accrued legal fees and fines that she could

have avoided had Vélez successfully gotten her case dismissed.

Again, there were seventeen hearings scheduled in Arocho's case

after she hired private counsel, and private counsel charged her

$400 per court appearance. Arocho also had to pay a $1,000 fine,

an additional $400 to her attorney to have her criminal record

expunged, and a $100 bond. Assuming Arocho attended all seventeen

hearings (a point to which we return below) these costs amount to

-10-$8,300. And on top of these costs, each time that Arocho had to

attend a hearing, she missed work, where she would have earned

eight dollars an hour.

Vélez makes several unavailing arguments in response.

First, he asserts that Arocho's subjective valuation -- that she

would pay at least $10,000 to avoid a criminal record -- should

not be used as a proxy for the bribe's value. He contends that

relying on Arocho's "personal assessment of value, without

more . . . would effectively vitiate" the transactional element.

While that sometimes may be true, the argument does not describe

this case. As noted, the government relied on several pieces of

evidence to prove its point, not just Arocho's "personal

assessment." A reasonable jury could have linked Arocho's

subjective valuation with her concerns for her career and future

earning potential to conclude that Arocho understood that she had

much to lose given her present circumstances. It also could have

considered Arocho's $1,000 fine, $400 expungement fee, $100 bond,

and other calculable expenditures related to her hearing schedule

and hourly wages. We need not decide whether Vélez's conviction

could be sustained had the government relied solely on Arocho's

subjective valuation because that is not the situation we face.

Next, Vélez contends that many of the costs submitted as

evidence at trial were artificially inflated. Specifically, Vélez

asserts that (1) Arocho had so many scheduled court proceedings

-11-because his failure to show up in court and his tampering with the

evidence stalled the prosecution, and (2) Arocho would have

incurred substantially fewer costs had she stuck with her Legal

Aid attorney. He contends that these costs increased the value of

the bribe after it was initially accepted, that he could not have

anticipated that change, and that the costs therefore should not

be considered when determining the value of the transaction.

This argument does not work for several reasons. As an

initial matter, we do not see why Vélez's tampering with evidence

and his failure to appear in court should work to his benefit.

We also do not see why Vélez should benefit from Arocho's decision

to exercise her right to select her preferred counsel. Vélez had

no reason to anticipate that Arocho would choose a Legal Aid

lawyer or otherwise avoid attorney's fees. So, under the logic

of Vélez's own argument, which hinges on his expectation of

Arocho's costs, it would not make sense to reduce Arocho's

attorney's fees to zero.

Moreover, valuation methods that look to the value

derived by a bribe-giver inherently permit valuation based on

information that may be unknown to the official when he accepts

the bribe. Here, for example, Vélez could have known in the

abstract that Arocho wanted to avoid a criminal charge but not

specifically that she feared that the charge would affect her

-12-career earning potential. That fact would not insulate Vélez from

culpability.

In any event, our prior cases have assessed the value of

a business or transaction using information that was not known

when the deal was struck. In Acevedo-Hernández, for example, a

Puerto Rico trial judge was initially bribed with offers of jobs

for his family members and an appellate judgeship, which came with

a salary raise. 898 F.3d at 155. In assessing the value of the

bribe, we considered not only these expected benefits, but also

restaurant and bar tabs, along with labor costs associated with

home improvements, that did not arise until after the initial

agreement. Id. at 164.

Finally, Vélez points to several lines of testimony

suggesting that not all seventeen hearings occurred due to

rescheduling. This, he continues, means that Arocho likely spent

less on legal fees than the full $8,300 identified above. The

record does not reveal how many of the hearings were cancelled

without Arocho making an appearance, only that seventeen were

scheduled. Nevertheless, she clearly made some appearances,

including for a probable cause hearing in August 2016, and for her

sentencing in April 2017. At the minimum, the jury could have

inferred that Arocho had to pay attorney's fees of some amount in

addition to the fine and the bond that she paid, and further, that

this sum numbered somewhere in the thousands.

-13-But even if a jury could not have reasonably concluded

that Arocho's legal fees were at least $5,000, Vélez's arguments,

viewed collectively, fail for a more fundamental reason. The

government was tasked with demonstrating the value of an intangible

good that defies precise or readily quantifiable

valuation -- Arocho's ability to avoid the immediate and long-term

burdens associated with the criminal process and a criminal

history. To do so, it presented evidence related to Arocho's

career earning potential, evidence that Arocho incurred legal

fees, evidence that Arocho missed work to attend hearings, and

evidence of the emotional cost that Arocho suffered. None of these

pieces of evidence are literal proxies for the cost of avoiding

the criminal process or a criminal conviction; but together, they

paint a picture of that value. See Delgado, 984 F.3d at 448-49.

Vélez's attempts to question Arocho's subjective

valuation, reduce the appropriate cost of her attorney, and trim

the number of hearings Arocho attended do not meaningfully

undermine that image. Though the government could have offered

stronger evidence -- for example, explicit testimony about how

Arocho's career earning potential would be affected by a criminal

record or receipts for Arocho's attorney's fees -- we cannot say

that the "sum" of the evidence was so trifling that "no rational

jury could have found [Vélez] guilty beyond a reasonable doubt."

Acevedo-Hernández, 898 F.3d at 161 (quoting United States v.

-14-Acosta-Colón, 741 F.3d 179, 191 (1st Cir. 2013)). Accordingly, we

reject Vélez's sufficiency-of-the-evidence argument.

RIGHT AGAINST SELF-INCRIMINATION

Vélez's second challenge on appeal is that the

government improperly commented on his failure to testify in its

rebuttal closing argument. A comment of this sort can violate a

defendant's Fifth Amendment right not to "be compelled in any

criminal case to be a witness against himself," Const. amend. V.

See Gomes v. Brady, 564 F.3d 532, 537 (1st Cir. 2009). We reproduce

the alleged violation in its entirety, including the emphases from

Vélez's brief:

But, you know, I want you to consider, in a

situation like this, where a bribe is offered

and a bribe is received, how common or

uncommon is it that a person either making the

bribe or receiving the bribe is going to post

it on Facebook or Instagram, or any other

social media, is going to write somewhere for

everyone to see, or whether those agreements

happen in secret between the two parties, and

usually nobody knows about what happened there

except those two people?

Sometimes we learn about it from one of those

people because they speak up. And in this

case, you may consider whether you learned

about what happened between the two because of

one person or because [of] the two people who

were involved in that agreement and

conversation? You heard from [Arocho], how

she said that they agreed to that before

having sex. I even asked her, Did you have

sex because you found him handsome? She said

no. She said more than once, I had sex with

him because he promised me to help me with my

case. And I asked, What did that mean? To

-15-get it thrown out. So [Arocho] was one of the

two parties involved in that agreement. And

I ask you whether the evidence that the United

States presented to you that [Vélez] himself

said that weighs to prove that element of the

crime.

Vélez did not object to this statement at trial and so,

as he concedes, our review is for plain error. See Fed. R. Crim.

P. 52(b). Among other requirements, this standard of review

mandates that there was a "clear or obvious error." United States

v. Bruno-Cotto, 119 F.4th 201, 206 (1st Cir. 2024). There was

not.

As is often the case with challenges of this type, some

context helps. See, e.g., United States v. Vazquez-Larrauri, 778

F.3d 276, 286 (1st Cir. 2015) (citing United States v. Sepulveda,

15 F.3d, 1161, 1187 (1st Cir. 1993)). In his closing statement,

Vélez argued that the government failed to show that he agreed to

help get Arocho's criminal case dismissed. On rebuttal, the

government made the above-quoted statement, explaining that

bribe-takers rarely announce publicly their crimes but that the

jury could still convict because it had heard from the bribe-giver,

Arocho. The government then informed the jury that it had heard

corroborating testimony from Burgos, the FBI informant who had

stated that Vélez told him about the bribe.

These statements did not obviously leverage Vélez's

decision not to testify at trial. Instead, "assigning ordinary

-16-words their most natural meaning," the government's rebuttal

highlighted proof to fill an evidentiary gap to which Vélez had

pointed. Sepulveda, 15 F.3d at 1187. In other words, the

government was emphasizing evidence that was presented, not the

absence of evidence resulting from Vélez's silence. Given that

the government's rebuttal was not "manifestly intended or was of

such character that the jury would naturally and necessarily take

it to be a comment on the failure of the accused to testify," we

fail to see a clear or obvious error. United States v.

Laboy-Delgado, 84 F.3d 22, 31 (1st Cir. 1996) (quoting United

States v. Lilly, 983 F.2d 300, 307 (1st Cir. 1992)).

Affirmed.

-17-