{"id":13865,"date":"2018-02-14T17:22:53","date_gmt":"2018-02-14T17:22:53","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=13865"},"modified":"2018-02-15T01:54:17","modified_gmt":"2018-02-15T01:54:17","slug":"bribery","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=13865","title":{"rendered":"Bribery – the corrupt payment, receipt, or solicitation of anything of value with intent to influence the action of a public official"},"content":{"rendered":"

\u00a0\u00a0\u00a0\u00a0 This page is continued from\u00a0 Criminal Law Self-Help<\/a> >>>> Types of Crimes and Corresponding Laws<\/a>:<\/span><\/strong><\/p>\n

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bribery<\/span>:<\/span><\/strong>
\nn. (16c)<\/span><\/p>\n

1. The corrupt payment, receipt, or solicitation of a private favor for official action.\u00a0 *\u00a0 Bribery is a felony in most jurisdictions.<\/strong>\u00a0 See Model Penal Code \u00a7 240<\/span><\/strong>.1. Cf. KICKBACK. \u2014 bribe<\/strong><\/em><\/span>, vb<\/em>. [1]
\n<\/span><\/p>\n

1. A crime; the voluntary giving or receiving of anything of value in corrupt payment for an official act done or to be done or with the corrupt intent to influence the action of a public official, or of any other person professionally concerned with the administration of public affairs, whether that public official or other person be in the legislative, executive, or judicial department of government. 12 Am J2d Brib \u00a7 2<\/span>.<\/span><\/strong><\/p>\n

For comparable definition by federal statute, see 18 USC \u00a7 201<\/a>.<\/span><\/strong><\/p>\n

The offense has been extended by state statute beyond corrupt influence upon public officials to include the corrupting of candidates for office, jurors, witnesses, voters, labor representatives, agents, even participants in sport. Glickheld v State,<\/em> 203 Md 400, 101 A2d 229<\/span>.<\/strong> [2]<\/span><\/p>\n

1. The crime of giving something of value with the intention of influencing the action of a public official.<\/strong> [3]<\/span><\/p>\n

\u00a0\u00a0\u00a0\u00a0 Excerpt from Rollin M. Perkins Er Ronald N. Boyce’s Criminal Law<\/em><\/a> (3d ed. 1982):<\/span><\/strong><\/p>\n

\u00a0\u00a0\u00a0\u00a0 \u201cIf money has been corruptly paid and corruptly received, for the purpose of influencing official action, do we have one crime of which two are guilty, or two different crimes?\u00a0 No uniform answer is possible under existing statutes.\u00a0 Under some of the provisions bribery is one offense and references to<\/span><\/span><\/strong><\/p>\n

(1) giving or offering a bribe, or
\n<\/span>(2) to receiving or soliciting a bribe, <\/span><\/strong><\/span><\/p>\n

are merely factual statements in regard to the guilt of one party or the other.\u00a0 Under another plan \u2018bribery\u2019 is employed as a generic term to cover two different offenses:<\/span><\/strong><\/span><\/p>\n

(1) giving or offering a bribe, and
\n(2) receiving or soliciting a bribe. <\/span><\/strong><\/span><\/p>\n

\u00a0\u00a0\u00a0\u00a0 A third plan uses the word \u2018bribery\u2019 to indicate the offense of the briber and \u2018receiving a bribe\u2019 for the other side of the transaction.<\/span>\u201d<\/strong> [4]<\/span><\/p>\n

bribe<\/span>:<\/span><\/strong>
\nn. (15c)<\/span><\/p>\n

1. A price, reward, gift or favor given or promised with a view to pervert the judgment of or influence the action of a person in a position of trust.\u00a0<\/strong> Cf. <\/span>BARRATRY (5). \u2014 bribe<\/strong><\/em><\/span>, vb<\/em>. [1]
\n<\/span><\/p>\n

1. To influence official action by bribery. Verb: The payment or gift made or promised in accomplishing bribery.<\/span> Randall v Evening News Asso<\/em>., 97 Mich 136, 143, 56 NW 361<\/span>.<\/strong> [2]<\/span><\/p>\n

1. A reward given or promised to induce a public official to perform an illegal act.<\/span><\/strong><\/p>\n

verb<\/em>: To influence official action by bribery.<\/strong> [3]<\/span><\/p>\n

\u00a0\u00a0\u00a0\u00a0 Excerpt from John T. Noonan Jr.’s Bribes<\/em><\/a> (1984):<\/span><\/strong><\/p>\n

\u00a0\u00a0\u00a0\u00a0 \u201cThe core concept of a bribe is an inducement improperly influencing the performance of, a public function meant to be gratuitously exercised.<\/span>\u201d<\/strong> [5]<\/span><\/p>\n

solicitation of bribe<\/span> – Corruptly offering to receive a bribe, or expressing a willingness to receive one; an offense at common law and under various statutes, although something less than bribery or even an attempt to receive a bribe. 12 Am J2d Brib \u00a7 11<\/span>.<\/strong> [2]<\/span><\/p>\n

bribee <\/span>–<\/strong> (19c) Someone who receives a bribe. <\/strong>\u2014 aka bribetaker<\/strong><\/em><\/span>.\u00a0<\/span><\/p>\n

briber <\/span>–<\/strong> (17c) Someone who offers a bribe.<\/strong> \u2014 aka bribe-giver<\/span><\/strong><\/em>.<\/span><\/p>\n

boodle – <\/strong>1. Money given or received as a bribe. 33 Am J1st L & S \u00a7 22<\/span>; money or property gained in an illegal enterprise, theft, or fraudulent scheme.\u00a0 Money fraudulently obtained in public service; especially, money given to or received by officials in bribery, or gained by collusive contracts, appointments, etc.; by extension, gain from public cheating of any kind; often used attributively. Boehmer v Detroit Free Press<\/em>, 94 Mich 7<\/span>.<\/strong> [2]<\/span><\/p>\n

Various Forms of Bribery:<\/span><\/strong><\/p>\n

commercial bribery<\/span> –<\/strong> (1927) 1. The knowing solicitation or acceptance of a benefit in exchange for violating an oath of fidelity, such as that owed by an employee, partner, trustee, or attorney. Model Penal Code \u00a7 224.8(1). <\/strong><\/span><\/p>\n

2. A supposedly disinterested appraiser\u2019s acceptance of a benefit that influences the appraisal of goods or services. [Model Penal Code \u00a7 224.8(2)).<\/strong>
\n<\/span><\/p>\n

3. Corrupt dealing with the agents or employees of prospective buyers to secure an advantage over business competitors.<\/strong> [1]<\/span><\/p>\n

1. Giving or receiving a gift for the purpose of influencing any agent to discharge improperly a duty entrusted to him by a private individual or corporation. 12 Am J2d Brib \u00a7 17<\/span>.<\/span><\/strong><\/p>\n

As an unfair trade practice this vice of commercial bribery is the advantage which one competitor secures over his fellow competitors by his secret and corrupt dealing with employees or agents of prospective purchasers. American Distilling Co. v Wisconsin Liquor Co.<\/em> (CA7 Wis) 104 F2d 582, 123 ALR 739<\/span>.<\/strong> [2]<\/span><\/p>\n

\u00a0<\/span>bribery at election<\/span> – <\/span><\/strong><\/span>1. The purchase of a vote by cor<\/span>rupting the voter in paying him money or giving <\/span>him goods or merchandise, often alcoholic bever<\/span>ages, to obtain his vote for a certain candidate or candidates. 26 Am J2d Elect \u00a7 377<\/span>. <\/span><\/strong>[2]<\/span><\/p>\n

18 U.S.C. \u00a7 201<\/span> – Bribery of public officials and witnesses<\/span><\/strong><\/a><\/p>\n

References:<\/span><\/span><\/strong><\/p>\n

Disclaimer:<\/span><\/span><\/strong> All material throughout this website is compiled in accordance with Fair Use<\/a>.<\/span><\/strong><\/p>\n

[1]: Black\u2019s Law Dictionary\u00a0Deluxe Tenth Edition\u00a0by Henry Campbell Black & Editor in Chief Bryan A. Garner<\/a>. ISBN: 978-0-314-62130-6<\/b><\/span><\/strong><\/p>\n

[2]: Ballantine\u2019s Law Dictionary\u00a0<\/a><\/b><\/span><\/strong>with Pronunciations
\n<\/b><\/span><\/em>Third Edition<\/b><\/span><\/strong><\/a>\u00a0<\/span><\/strong>by James A. Ballantine\u00a0<\/b><\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/b><\/span><\/em>Edited by William S. Anderson.\u00a0\u00a0\u00a9 1969 by THE LAWYER\u2019S CO-OPERATIVE PUBLISHING COMPANY.\u00a0 Library of Congress Catalog Card No. 68-30931<\/b><\/span><\/strong><\/p>\n

[3]:\u00a0\u00a0Ballantine\u2019s Law Dictionary <\/a><\/b><\/span><\/strong>Legal Assistant Edition<\/b><\/span><\/a><\/em>
\nby Jack Ballantine\u00a0<\/b><\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/b><\/span><\/em>Doctored<\/b><\/span><\/a><\/strong>\u00a0<\/span><\/em>by\u00a0Jack G. Handler,\u00a0J.D.<\/a>\u00a0\u00a9 1994 Delmar by Thomson Learning.\u00a0 ISBN 0-8273-4874-6.<\/b><\/span><\/strong><\/p>\n

[4]: Rollin M. Perkins Er Ronald N. Boyce, Criminal Law<\/em><\/a> 537 (3d ed. 1982).<\/strong><\/span><\/p>\n

[5]: John T. Noonan Jr., Bribes<\/em><\/a> xi (1984).<\/span><\/strong><\/p>\n

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