NCJ Number
227165
Journal
American Criminal Law Review Volume: 46 Issue: 2 Dated: Spring 2009 Pages: 899-926
Date Published
2009
Length
47 pages
Annotation
In presenting an overview of Federal statutes that aim to prevent and punish corruption by public officials, this article examines the elements of, defenses to, and penalties for several of the crimes encompassed by those statutes.
Abstract
In 1962, Congress enacted a package of conflict-of-interest legislation that significantly revised the Federal bribery statute. These revisions laid the foundation for “an intricate web of regulations…governing the acceptance of gifts and other self-enriching actions by public officials,” including statutory prohibitions on bribery and illegal gratuity. Section 201 of Title 18 of the U.S. Code (U.S.C.) governs the offenses of bribery and illegal gratuity. One part of this article describes the four elements of the bribery and illegal gratuity offenses and then summarizes potential defenses and sanctions. In order to prove bribery, the government must generally establish that a thing of value was given, offered, or promised to (or in the case of a recipient, demanded, sought, received, or accepted by) a present or future public official for an “official act,” with corrupt intent or intent to influence (or be influenced). The critical distinction between bribery and illegal gratuity is that the former requires proof of intent, but the latter does not. Another part of this article explores the elements of and defenses to the unauthorized-compensation offense, as well as provisions that limit the activities of Federal Government officers and employees during and after their terms of employment. These offenses are covered by 18 U.S.C. sections 203, 205, 207, 208, 209, and 216. Elements of these offenses are outlined, along with potential defenses and penalties. 381 notes