What constitutes bribery under federal law, at least for public officials, used to see fairly obvious. A recent U.S. Supreme Court ruling, however, has been seen as limiting that anti-bribery statute.
That 6-3 decision is likely to affect future federal bribery cases across the country. Let’s take a brief look at it.
Was payment to the mayor a bribe or “gratuity?”
An Indiana mayor was convicted of bribery and removed from office for accepting $13,000 from a trucking company that he helped obtain contracts worth some $1 million. He did this as part of his consultancy job that he held in addition to being a small-town mayor.
The former mayor appealed the verdict. He claimed that the $13,000 was a “gratuity” from the company for helping it out and not a bribe since there was no quid pro quo where company officials agreed to pay him in exchange for sending valuable contracts their way.
Was it accepted “corruptly?”
The federal statute (Section 666) prohibits local and state government officials from “corruptly” soliciting or accepting anything valued at over $5,000 for an official act. The conservative majority of the court agreed that the money paid to the former mayor was not accepted “corruptly” and was for his work outside the government.
In writing the majority opinion, Justice Brett Kavanaugh said that considering all gifts and gratuities to be corrupt would subject “19 million state and local officials to up to 10 years in federal prison for accepting even commonplace gratuities,” especially since many local and even state officials also work in the private sector.
The majority opinion also noted that the former mayor’s actions could potentially be violations of other federal as well as state laws. It’s not clear how the ruling will affect other cases. For example, most quid pro quos are not in writing. They’re verbal or even unspoken but understood.
A lot of things are not “black and white” when it comes to what is considered a bribe under the law. If you’re facing an investigation or have already been charged – or if you just have questions – it’s wise to seek experienced legal guidance.