Bribery

n. pl. brib·er·ies
The act or practice of offering, giving, or taking a bribe.

ThesaurusLegend: Synonyms Related Words Antonyms

Noun 1. bribery - the practice of offering something (usually money) in order to
gain an illicit advantage
graft
felony - a serious crime (such as murder or arson)
barratry - the crime of a judge whose judgment is influenced by bribery
commercial bribery - bribery of a purchasing agent in order to induce
the agent to enter into a transaction

Based on WordNet 3.0, Farlex clipart collection. © 2003-2008 Princeton University, Farlex Inc.

bribery
noun CORRUPTION, graft (informal) inducement, buying off, payola (informal) crookedness
(informal) palm-greasing (slang) subornation
Collins Essential Thesaurus 2nd Edition 2006 © HarperCollins Publishers 2005, 2006

The offering, giving, receiving, or soliciting of something of value for the purpose of influencing
the action of an official in the discharge of his or her public or legal duties.

The expectation of a particular voluntary action in return is what makes the difference between a
bribe and a private demonstration of goodwill. To offer or provide payment in order to persuade
someone with a responsibility to betray that responsibility is known as seeking Undue Influence
over that person's actions. When someone with power seeks payment in exchange for certain
actions, that person is said to be peddling influence. Regardless of who initiates the deal, either
party to an act of bribery can be found guilty of the crime independently of the other.

A bribe can consist of immediate cash or of personal favors, a promise of later payment, or
anything else the recipient views as valuable. When the U.S. military threatened to cancel a
Texas relocation company's contracts to move families to and from military bases, the company
allegedly gave four representatives in Congress an all-expenses-paid weekend in Las Vegas in
January 1989, and $2,500 in speaking fees. The former president of the company was indicted
by a federal Grand Jury in 1994 on bribery charges for both gifts.

No written agreement is necessary to prove the crime of bribery, but usually a prosecutor must
show corrupt intent. Bribery charges may involve public officials or private individuals. In the
world of professional sports, for example, one boxer might offer another a payoff to "throw"
(deliberately lose) an important fight. In the corporate arena, a company could bribe employees
of a rival company for recruitment services or other actions at odds with their employer's
interests. Even when public officials are involved, a bribe does not need to be harmful to the
public interest in order to be illegal.

When a public official accepts a bribe, he or she creates a conflict of interest. That is, the official
cannot accommodate the interests of another party without compromising the responsibilities of
her or his position.

There is not always consensus over what counts as a bribe. For instance, in many states and at
the federal level, certain gifts and campaign contributions are not considered bribes and do not
draw prosecution unless they can be linked to evidence of undue influence. In this regard,
negative public perception of private contributions to elected officials as payola has caused
most states to establish legislative ethics committees to review the public-private relationships
of house and senate members. Furthermore, both houses of the U.S. Congress passed
legislation in 1994 restricting gifts to no more than $20 in value.
The Supreme Court further clarified the law by setting standards for federal bribery statutes in
United States v. Sun Diamond Growers, 526 U.S. 398, 119 S.Ct. 1402, 143 L.Ed.2d 576 (1999).
This case grew out of the prosecution of Mike Espy, secretary of agriculture in the Clinton
administration, for allegedly accepting bribes. After Espy was acquitted of all charges, the
Independent Counsel charged Sun Diamond Growers, a trade association for a large
agricultural cooperative, with violating a federal gratuities law that prohibits giving gifts to public
officials in exchange for favorable government actions.

After Sun Diamond was convicted of the charges it took its case to the Supreme Court. The
Court concluded that a person did not violate the law merely by giving a gift to a public official.
Prosecutors must show that there was a connection between a specific official act in the past or
future and the gift. Justice Antonin Scalia noted that if the government did not have to prove this
linkage then a token gift such as the presentation of a sports jersey by a championship team to
the president could be regarded as a criminal act.

The Court also noted differences in various federal bribery statutes, which included broad
prohibitions. In the present case, the language of the gratuities statute did not reveal a similar
intent by Congress; instead, the Court viewed this law as one strand of a complicated web of
laws and regulations addressing official behavior.

It is common for both the recipient and the provider of a bribe to be accused, although bribery is
not a joint offense—that is, one person's guilt does not affect the other's. Such was the case
when a popular Massachusetts state senator allegedly accepted monthly payments from an
investment Broker in exchange for trying to persuade state officials to send state Pension
business to the broker. The legislator and the broker were both indicted on misdemeanor
charges in early 1995.

U.S. companies that engage in international bribery can become targets of investigation at
home. In January 1995, a former sales director of Lockheed Corporation pleaded guilty to
violating the federal Foreign Corrupt Practices Act, 15 U.S.C. § 78dd-1 et seq., Allen R. Love
told a U.S. district court that he had paid and helped to cover up a bribe to an Egyptian politician
for arranging Egypt's 1989 purchase of three Lockheed transport planes.

Congress adopted the Foreign Corrupt Practices Act in 1977 to outlaw payments that are
intended to win contracts from foreign officials. Ironically, the law's passage was triggered by
testimony from a former vice president of the same Lockheed Corporation at a U.S.
congressional hearing in 1976. In that case, the company's vice president admitted to bribing
the prime minister of Japan with more than $1.9 million in the early 1970s, so that Japan would
buy Lockheed's TriStar wide-body jets.

The severity of bribery can reach the felony level, punishable by a fine or imprisonment, or both.
However, charges are sometimes reduced in exchange for helping to convict accomplices. For
instance, in June 1994, Love pleaded innocent to felony charges of bribery and conspiracy.
Later, he pleaded guilty to one misdemeanor count of "indirectly" conspiring, as part of a plea
agreement in which he agreed to testify against the corporation itself, which was also a
defendant.

The international sports community was rocked by a bribery scandal involving the 2002 Winter
Olympic Games in Salt Lake City, Utah. Two officials of the Utah committee that secured the
games were indicted in 2000 on charges of wire and Mail Fraud, conspiracy, and interstate
travel in aid of Racketeering. They were charged with paying an official of the U.S. Olympic
Committee (USOC) to help influence the selection of Salt Lake City by the International Olympic
Committee (IOC). The USOC official who received the bribes later pleaded guilty to several
criminal charges including the accepting of a bribe.

Federal prosecutors contended that the two officials had paid $1 million to influence votes of
several IOC members. In addition, they had allegedly diverted some $130,000 of the bid
committee's income, and had altered books and created false contracts to conceal their actions.
The two officials denied that they had done anything wrong, contending that the payments were
intended as grants and scholarships for poor athletes. Following the indictments, ten members
of the IOC either resigned or were expelled from the organization, and many reforms were
undertaken to prevent bribery. The USOC also authorized an independent review of its
practices.

However, the two Utah officials successfully challenged the bribery charges. In July 2001, a
federal judge dismissed the bribery charges, finding that a Utah bribery statute could not be
applied to the defendants' actions. In December 2001, the judge dismissed the remaining
criminal counts.

Further readings

McChesney, Fred S. 1997. Money for Nothing: Politicians, Rent Extraction, and Political
Extortion. Cambridge, Mass.: Univ of Harvard Press.

Noonan, John Thomas. 1984. Bribes. New York: Macmillan.

PBS: Online NewsHour. February 11, 1999. "IOC: Cleaning House." Available online at
<www.pbs.org/newshour/bb/sports/jan-june99/olympics_2-11.html> (accessed June 6, 2003).

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

bribery n. the crime of giving or taking money or some other valuable item in order to
influence a public official (any governmental employee) in the performance of his/her duties.
Bribery includes paying to get government contracts (cutting the roads commissioner in for a
secret percentage of the profit), giving a bottle of liquor to a building inspector to ignore a
violation or grant a permit, or selling stock to a Congressman at a cut-rate price. Example:
Governor (later Vice President) Spiro T. Agnew received five cents from the concessionaire for
each pack of cigarettes sold in the Maryland capitol building. The definition has been expanded
to include bribes given to corporate officials to obtain contracts or other advantages which are
against company policy.

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.

BRIBERY, crim. law. The receiving or offering any undue reward by or to any person
whomsoever, whose ordinary profession or business relates to the administration of public
justice, in order to influence his behaviour in office, and to incline him to act contrary to his duty
and the known rules of honesty and integrity. 3 Inst. 149; 1 Hawk. P. C. 67, s. 2 4 Bl. Com. 139;
1 Russ. Cr. 156.
2. The term bribery extends now further, and includes the offence of giving a bribe to many
other officers. The offence of the giver and of the receiver of the bribe has the same name. For
the sake of distinction, that of the former, viz : the briber, might be properly denominated active.
bribery; while that of the latter, viz : the person bribed, might be called passive bribery.
3. Bribery at elections for members of parliament, has always been a crime at common law,
and punishable by indictment or information. It still remains so in England notwithstanding the
stat. 24 Geo. H. c. 14 3 Burr. 1340, 1589. To constitute the offence, it is not necessary that the
person bribed should, in fact, vote as solicited to do 3 Burr. 1236; or even that he should have a
right to vote at all both are entirely immaterial. 3 Bur. 1590-1.
4. An attempt to bribe, though unsuccessful, has been holden to be criminal, and the
offender may be indicted. 2 Dall. 384; 4 Burr. 2500 3 Inst. 147; 2 Campb. R. 229; 2 Wash. 88; 1
Virg. Cas. 138; 2 Virg. Cas. 460.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.