When the FBI Comes Calling…®
CORRUPTION AND BRIBERY OF PUBLIC OFFICIALS
Background
Interpol has developed a task force to deal with bribery and corruption of public officials called the Interpol Group of Experts on Corruption (hereinafter IGEC). The mission statement of IGEC is "We believe in a free and just society. To be truly just, society must embrace high standards of integrity and openly resist corruption. To this end we join with the community to ensure such standards and accept responsibility to fight all forms of corruption through education, prevention, and effective law enforcement." Interpol, Mission Statement of the Interpol Group of Experts on Corruption (IGEC), available here (last visited Apr. 25, 2005). The IGEC defines corruption as "any course of action or failure to act by individuals or organizations, public or private, in violation of law or trust of profit or gain." Id.
Because there is a strong economic incentive for countries to root out bribery and corruption, there is a strong desire to prosecute such activity. U Myint, Corruption: Causes, Consequences, & Cures, Asia-Pac. Dev. J. Dec. 2000, at 34, available here.
This webpage discusses how the United States deals with transnational bribery and corruption of public officials.
18 U.S.C. § 201 (2005).
18 U.S.C. § 201(b) makes it a federal crime to directly or indirectly "corruptly" give, offer, or promise anything of value to a public official (former, current, or future) with the intent to influence an official act, to influence a public official to commit a fraud on the United States, or to influence a public official to violate his or her lawful duty as a public official.
It is a federal crime under this section to be a public official (former, current, or future) and directly or indirectly, "corruptly" demand, seek, receive, accept, or agree to receive or accept anything of value in exchange for being influenced in the performance of any official act, for being influenced to commit a fraud on the United States, or for being induced to violate his or her lawful duty as a public official.
It is also a federal crime under section to directly or indirectly, "corruptly" give, offer, or promise anything of value to any person, with the intent to influence testimony under oath in a trial, hearing, or other proceeding, before a court, any committee of either House of Congress, or any agency, commission, or officer authorized by United States law to hear such testimony.
The receipt of such corrupt gifting or offers is also a federal crime.
18 U.S.C. § 201(c) makes it a crime to directly give, offer, or promise anything of value to any public official (former, current, or future) for, or because of, any official act that has been or will be performed by that official.
Likewise, it is a crime to be that official, and directly or indirectly demand, seek, receive, accept, or agree to receive or accept anything of value for, or because of, any official act that has been or will be performed.
It is also a crime under this section to directly or indirectly, give, offer, or promise anything of value to any person, for or because of testimony under oath.
Likewise, it is a crime to directly or indirectly, demand, seek, receive, accept, or agree to receive or accept anything of value for or because of testimony under oath.
It should be noted that nothing in those sections prohibit the payment or receipt of witness fees as provided by law, or the reimbursement of the reasonable cost of travel, food and lodging, preparation of testimony, and the reasonable value of time lost for being required appear and testify.
The Punishment
The punishment for a violation of section 201(b) is a fine, imprisonment for not more than fifteen years, or both. That person may also be disqualified from holding any office of honor, trust, or profit under the United States.
The punishment under section 201(c) is a fine, imprisonment for not more than two years, or both.
Definitions
A public official is: a Member of Congress; a Delegate; or a Resident Commissioner; an officer or employee or person acting for or on behalf of any department, agency or branch of Government of the United States, including the District of Columbia, in any official function; or a juror. 18 U.S.C. § 201(a).
An official act is any decision or action on any question, matter, cause, suit, proceeding or controversy, which may at any time be pending, or which may by law be brought before any public official, in that official's official capacity, or in that official's place of trust or profit. 18 U.S.C. § 201(a).
Case Law Interpreting Section 201
The purpose of section 201 is to reach any situation in which judgment of government agent might be clouded because of payments or gifts made to him by reason of his position because, even if corruption is not intended by either party, the chance of conscious or unconscious preferential treatment is too risky as a policy consideration. See United States v. Evans, 572 F.2d 455 (5th Cir. 1978).
As far as international aspects of section 201 are concerned, section 201 will arise in some cases where a defendant is charged with trying to bride immigration officials to allow aliens entry into the United States. See United States v. Nagra, 147 F.3d 875, 879 (9th Cir. 1998) (defendants were charged with conspiracy to defraud the United States and the INS in part under section 201(c)(1)(A)).