What Constitutes Bribery of a Government Employee?
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What Constitutes Bribery of a Government Employee?
Bribery of government employees is unfortunately a common problem. But what exactly counts as bribery from a legal standpoint? Let’s break it down.
The main federal law that prohibits bribery of public officials is 18 U.S.C. § 201. This law basically says it’s illegal to directly or indirectly give, offer, or promise anything of value to a public official in order to influence an official act or induce the public official to do or omit to do anything in violation of their lawful duty.
So right off the bat, there’s a few key elements here:
- There needs to be a “public official” involved
- Something of “value” needs to be offered, given, or promised to that official
- It needs to be connected to influencing an “official act” by that public official
Let’s break down each of those elements further.
Who Counts as a Public Official?
Pretty much any federal, state, or local government employee is considered a “public official” under the bribery law. This includes elected officials, appointed officials, and regular civil service employees. Judges, legislators, agency heads, postal workers, DMV clerks – they’re all covered.
The law also covers private citizens who temporarily act on behalf of the government in some capacity. For example, contractors working on a government project or doctors employed at a VA hospital could potentially be considered public officials for purposes of the bribery law.
One gray area is whether employees of private companies that are heavily regulated by the government (like defense contractors) count as public officials. Courts have gone both ways on this issue.
What Counts as “Value”?
Almost anything can be considered something of “value” under the bribery law – it doesn’t just mean money. Value can include:
- Cash
- Cars or other vehicles
- Home renovations
- Jewelry
- Clothing
- Electronics
- Travel expenses
- Event tickets
- Meals
- Gift cards
- Loans
- Favors
- Discounts
- Job offers
Basically if it’s something that would be appealing and have monetary value to the average person, it can potentially qualify as a bribe. The value doesn’t have to be huge either – even small gifts like a $20 coffee gift card could be illegal bribery.
What is an “Official Act”?
An “official act” under the bribery law is basically any act that a public official does in their official capacity as part of their job duties. This includes things like:
- Voting on legislation
- Awarding government contracts
- Conducting inspections
- Issuing permits/licenses
- Making hiring/firing decisions
- Initiating investigations
- Filing criminal charges
- Rendering advisory opinions
- Scheduling meetings
So if someone gives a public official something of value connected to influencing these types of official acts, that’s bribery.
Where it gets tricky is if the thing of value isn’t tied to a specific official act, but is more general goodwill meant to build influence over time. Courts have set some limits here.
Putting it All Together
So in summary, here are some examples of clear bribery versus things that are probably OK:
Clear Bribery:
- A defense contractor gives a Senator $10,000 in cash right before the Senator votes on awarding a big contract to that company.
- A real estate developer gives a county zoning official a new Porsche right before the official decides on the developer’s zoning variance request.
- A drug company provides an all expenses paid trip to Hawaii for a FDA official right before that official reviews the company’s new drug application.
Probably Not Bribery:
- A small gift given during the holidays without any connection to a specific official act.
- Providing refreshments at a widely attended gathering of officials.
- Giving an official something of value with no action requested or given in return.
There are also certain limited exceptions where giving gifts to public officials is allowed, like providing modest items based on a personal relationship or giving gifts based on outside business relationships under $20.
But anything that seems aimed at influencing an official act should be avoided. When in doubt, don’t give any gifts!
Penalties for Bribery
The penalties for bribing a public official can be severe. For bribery involving a federal official, it can include:
- Up to 15 years in prison
- Massive fines up to 3 times the value of the bribe
- Being barred from holding future offices
Fines for organizations can be even higher. For example, a company bribing foreign officials can receive fines over $1 billion.
Many states also have their own bribery laws prohibiting bribery at the state and local level.