The federal retrial of Dallas developer Ruel Hamilton is set to commence on Monday with jury selection, following a conviction in 2021 for bribing two city council members.
In 2021, a Dallas jury found Hamilton guilty of paying bribes to former City Council members Dwaine Caraway and Carolyn Davis to gain support for his low-income housing projects.
Hamilton was convicted on two counts of bribery and one count of conspiracy to commit bribery. However, the jury acquitted him of a fourth count related to the use of an interstate facility for a Travel Act violation.
In November 2021, Hamilton was sentenced to eight years in federal prison but was granted additional time to report due to ongoing health issues, thus never serving his sentence.
The need for a retrial arose when the 5th Circuit Court of Appeals vacated Hamilton’s conviction in August 2022, stating that the jury had not received proper instructions regarding the legal definitions pertinent to the case.
The appeals court clarified that the jury was incorrectly informed that a “quid pro quo,” or the exchange of benefits for money, was not a necessary criterion for conviction.
This matter had been contested in federal courts, with differing opinions on whether the bribery statute at issue criminalizes only quid pro quo arrangements rather than gratuities.
The U.S. Supreme Court ultimately settled this issue in June 2024, ruling that the bribery law does not encompass gratuities, which are defined as payments to officials made after an official act in a token of appreciation.
This ruling drew criticism from legal observers who expressed concern over the Supreme Court’s ongoing trend of narrowing the scope of federal anti-corruption laws.
Initially scheduled for November 2023, the retrial was postponed due to Hamilton’s defense team repeatedly challenging the government’s evidence.
Hamilton also attempted to have one remaining charge dismissed on the grounds of double jeopardy, but his appeal was rejected by Senior Judge Barbara Lynn.
Throughout the legal proceedings, Hamilton has remained free.
The retrial, expected to last two to three weeks, will be held at the federal courthouse in downtown Dallas.
Prosecutors contend that Hamilton paid bribes to Caraway and Davis in exchange for their support and approvals on his development initiatives while they held positions on the City Council.
Hamilton’s company, AmeriSouth Realty Group, is known for building apartment complexes in southern Dallas neighborhoods.
The indictment claims that Hamilton funneled bribe payments to Davis through a nonprofit organization associated with a close friend.
Over the period from 2013 to 2015, approximately $40,000 was reportedly paid to Davis, which included “illegal campaign donations for the candidates of her choice,” as stated by prosecutors.
Davis allegedly supported Hamilton’s Royal Crest housing project and advocated for the project to receive valuable state low-income housing tax credits.
However, Hamilton’s project never qualified for the tax benefits.
The 5th Circuit judges noted that Hamilton received nothing tangible in return for his payments, adding that an expansive interpretation of the federal bribery statute could lead to significant constitutional issues regarding First Amendment rights, federalism, and due process.
In March 2019, Davis pleaded guilty to her involvement in the bribery scheme but tragically passed away in a car accident four months later, which also claimed her daughter’s life.
In contrast, Caraway resigned from the council in 2018 after admitting guilt in unrelated federal corruption charges tied to the Dallas County Schools bus agency.
He was sentenced to more than four years in prison in 2019 regarding that case and subsequently testified against Hamilton during the initial trial.
Notably, Caraway has not faced charges related to the Hamilton case.
Hamilton was convicted of one count related to a $7,000 check he allegedly gave Caraway.
Prosecutors argued that this payment occurred in 2018 as part of Hamilton’s effort to place a referendum on the council agenda, which he believed would boost voter turnout and benefit his preferred candidates.
The two men also discussed a potential real estate project Hamilton desired to build within Caraway’s district during their conversation.
Hamilton’s defense maintains that he is naturally generous, pointing to his charitable donations and assertion that he meant to assist Caraway with medical expenses.
As the retrial begins, Caraway is expected to appear as a government witness, along with former Dallas Mayor Michael Rawlings.
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