Bribery

- Bribery 18 USC 666 - Specific Federal Program Bribery Statute "the defendant was an agent of a private organization or of a state, local, or tribal government or agency that received more than $10K a year in federal benefits" - What are the factors under Fisher that are used to determine whether an organization participating in a federal assistance program receives benefits?

In Fischer v. US (SCOTUS 2000) the court stated: "to determine whether an organization participating in a federal assistance program receives 'benefits,' an examination must be undertaken of the program's structure, operation, and purpose. The inquiry should examine the conditions under which the organization receives the federal payments. The answer could depend, as it does here, on whether the recipient's own operations are one of the reasons for maintaining the program. Health care organizations participating in the Medicare program satisfy this standard.

- Bribery18 USC 201 - In order to establish a violation of 201(c) what must the government prove?

In order to establish a violation of 201(c), the Government must prove a link between a thing of value conferred upon a public official and a specific "official act" for or because of which it was given, rather than simply because of the person's tenure of office.

- Bribery 18 USC 201 - Cases Alleging the Giving or Offering to Give a Bribe "the recipient or offeree was a federal public official" - How does 201 (a) define public official?

Section 201(a) defines the term "public official" to include members of Congress and officers, employees, and other persons "acting for or on behalf of the US, or any department, agency or branch of government thereof...in any official function."--To be a public official "acting in an official function," an individual must fulfill a position of public trust by possessing some degree of official responsibility for carrying out a federal program or policy. (Dixson).

- Bribery 18 USC 666 - Specific Federal Program Bribery Statute - "The defendant acted corruptly" - Since section 666 requires proof that the defendant acted "corruptly," some courts have interpreted this language to requre proof of a quid pro quo and therefore that the statute only reaches ________ rather than also reaching ______.

Since section 666 requires proof that the defendant acted "corruptly," some courts have interpreted this language to require proof of a quid pro quo and therefore that the statute only reaches briberies rather than also reaching gratuities.

- Bribery 18 USC 666 - Specific Federal Program Bribery Statute "the defendant was an agent of a private organization or of a state, local, or tribal government or agency that received more than $10K a year in federal benefits" - What is the government not required to prove under Salinas?

The Government is not required to prove that the bribes led to the actual misappropriation or misuse of federal funds with/by an entity receiving the threshold amount of funds under the statute. (Salinas)

- Bribery 18 USC 666 - Specific Federal Program Bribery Statute "the defendant solicited or received the thing of value in connection with business of the entity valued at $5K or more". What is the Ganim interpretation of this provision?

The elements of a 666 bribery case are met so long as the official accepted the benefit in exchange for a promise to perform official acts for the giver; the government need not specify the official acts. (Ganim)

- Punishment under the Bribery Statutes?

Under 201 bribery may be punished by up to 15 years' imprisonment, a fine of $250K (500 for organizations) or triple the value of the bribe, whichever is greater, and disqualification from holding government office. Violation of the illegal gratuity statute, on the other hand, may be punished by up to two years' imprisonment and a fine of $250K (and 500 for organizations). 666 provides that the defendant may be punished by a fine, by imprisonment of not more than 10 years, or both.

- Bribery 18 USC 201 - Cases Alleging the Giving or Offering to Give a Bribe - Elements

(1) the defendant gave or offered to give something of value; and (2) the recipient or offeree was a federal public official; and (3) the defendant acted with corrupt intent; and (4) the defendant's scheme was designed to: (a) influence the public official in an official act, (b) influence the public official to commit a fraud on the U.S., or (c) induce the public official to act in violation of a lawful duty.

- Bribery 18 USC 201 - Cases Alleging the Giving or Offering to Give a Gratuity - Elements?

(1) the defendant gave or offered to give something of value; and (2) the recipient or offeree was a federal public official; and (3) the defendant intended that the thing of value be given as compensation for an official act already performed or to be performed otherwise than as provided by law for the proper discharge of the defendant's official duty.

- Bribery - Prosecution Against the Bribing Party Under 666(a)(1)-(2). Elements?

(1) the defendant offered or gave a thing of value; and (2) the offeree was an agent of a private organization or of a state, local, or tribal government or agency that received more than $10K a year in federal benefits; and (3) the defendant offered or gave the thing of value in connection with business of the entity valued at $5K or more; and (4) the defendant acted corruptly.

- Bribery 18 USC 201 - Cases Alleging the Receiving or Agreeing to Receive a Bribe - Elements?

(1) the defendant received or agreed to receive something of value; and (2) the defendant was a federal public official; and (3) the defendant acted with corrupt intent; and (4) the scheme was designed to (a) influence the defendant in an official act, (b) influence the defendant to commit a fraud on the U.S. or (c) induce the defendant to act in violation of a lawful duty.

- Bribery18 USC 201 - Cases Alleging the Receiving or Agreeing to Receive a Gratuity

(1) the defendant received or agreed to receive something of value; and (2) the defendant was a federal public official; and (3) the defendant received or agreed to receive the thing of value as compensation for an official act already performed or to be performed, otherwise than as provided by law for the proper discharge of the defendant's official duty.

- Bribery 18 USC 666 - Specific Federal Program Bribery Statute Elements?

(1) the defendant solicited or received a thing of value; and (2) the defendant was an agent of a private organization or of a state, local, or tribal government or agency that received more than $10K a year in federal benefits; and (3) the defendant solicited or received the thing of value in connection with business of the entity valued at $5K or more; and (4) the defendant acted corruptly.

- Bribery 18 USC 666 - Specific Federal Program Bribery Statute "the defendant was an agent of a private organization or of a state, local, or tribal government or agency that received more than $10K a year in federal benefits" - What is Congress's statutory authority to enact 666?

Congress had constitutional authority under the Spending and Necessary & Proper Clauses to enact 666 even though the statute is not limited to reaching money which is always directly traceable to federal funds (Sabri)

- Bribery 18 USC 201 - Cases Alleging the Giving or Offering to Give a Bribe "official act" - Is there a broad or narrow interpretation of "official act"?

Courts broadly interpret "official act" to include even acts that were not formally within the public official's duties/authority.

- Whats the difference between bribes and gratuities?

the former is always quid-pro-quo, forward-looking, before the payment. Also has higher punishment. In terms of mens rea, it seems there is some difference (corrupt intent is required for bribery, but knowing & willful is required for gratuity) although it's not very straightforward. The former is also punished more seriously. Note that - Some courts have held that gratuity is a lesser-included offense of bribery.