NCJ Number
198765
Journal
International Review of Penal Law Volume: 73 Issue: 1 Dated: 2002 Pages: 81-107
Date Published
2002
Length
27 pages
Annotation
This article discusses the enforcement of bribery in the United States both at the Federal and State levels.
Abstract
Bribery, the grant or acceptance of a benefit in violation of entrusted power, is illegal in this country. Federal and State authorities share the enforcement power over bribery. Federal law prohibits bribery of domestic as well as foreign public officials. The two main Federal statutes concerning bribery are the Foreign Corrupt Practices Act (FCPA) and the Federal bribery statute located at 18 U.S.C. Section 201 (the Federal Bribery Statute). Enacted in 1977, the provisions of the FCPA attack bribery through both direct and indirect means. It directly prohibits bribery of foreign public officials, and requires companies to prepare accurate accounting statements. The Federal Bribery Statute is the most significant among Federal laws against bribery. It applies to any person employed or acting on behalf of the U.S. Government as well as anyone appointed or nominated to fill any governmental position. The two main provisions of this statute are bribery designed to influence official behavior and illegal gratuities. Bribery of a public official is a crime in all 50 States. Prohibitions on bribery of State officials can be found in both State constitutions and statutes. The vast majority of State statutes has enacted or is substantially consistent with the Model Penal Code bribery statute. Constitutional proscriptions against bribery fall into two main categories: those that specify that anyone engaging in bribery meet with some sort of legal penalties; and those that provide for impeachment, removal from office, and permanent bars from elective office in the State. In international commerce, domestic prosecutions are limited because of the lack of any prosecutions of bribery to date in Europe under the OECD Convention. With respect to criminality occurring outside the United States, there are logistical and practical complexities in addition to the lack of political will. 149 footnotes