Bribery of an Agent - Thing of Value Defined

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Multi-State
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US-3RDCIR-6-18-666-A2-1-CR
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Bribery of an Agent - Thing of Value Defined Source: http://www.ca3.uscourts.gov/model-criminal-jury-table-contents-and-instructions

Bribery of an Agent — Thing of Value Defined is a criminal act wherein a person or entity offers something of value to an agent, usually a public official, with the intent of influencing the agent's decision-making in a way that is beneficial to the person or entity offering the bribe. This type of bribery is illegal under both state and federal law in the United States. Types of bribery of an Agent — Thing of Value Defined include offering money, gifts, services, favors, jobs, privileges, and other forms of compensation to an agent in exchange for favors. Bribery of an Agent — Thing of Value Defined can also take the form of a kickback, which is a payment made to an agent who has already acted in favor of the person or entity offering the bribe.

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FAQ

To prove a bribery case, the government must demonstrate that a thing of value was offered and accepted, that there was an illegal intent, and the intent was to pay money and receive something in return that was illegal. That could be an illegal advantage in a bidding process to get a contract.

How is ?anything of value? defined under the FCPA? ?Anything of value? is broadly construed and may include cash payments, non-cash gifts or other benefits, including: Travel, meals, entertainment or gifts, including for friends or relatives of a foreign official. Training, scholarships, internships.

Section 201(b) requires that the offender have acted with the intent (as to the giver of a bribe) to influence or (as to the taker of a bribe) to be influenced. Thus, the bribery statute requires proof of an actual or intended quid pro quo: one thing given in exchange for another.

A person is guilty of an offence if they offer, promise or give an advantage, directly or indirectly, to another person, intending that a person is rewarded for, or induced to, perform a relevant function or activity improperly.

Bribery is the offering, giving, receiving, or soliciting of any item of value to influence the actions of an official, or other person, in charge of a public or legal duty.

Some examples of bribes might include: A construction guaranteeing an elected official ten percent in kickback money in exchange for a large public infrastructure contract. A manufacturing firm paying foreign officials money for preferential treatment or to smuggle unregistered goods across a border.

Bribery is defined generally as corrupt solicitation, acceptance, or transfer of value in exchange for official action.

In general, bribes can take the form of gifts or payments of money in exchange for favorable treatment, such as awards of government contracts. Other forms of bribes may include property, valuables, privileges, items of value, services, and favors.

More info

The term "thing of value" is used throughout Title 18, and includes intangible as well as tangible things. See United States v.The criminal offense of bribery involves offering or giving something of value to another person, usually a public official. How is "anything of value" defined under the FCPA? A person authorizes or provides direction for a bribe, but no bribe is ultimately offered or paid. AntiCorruption Laws prohibit both direct and indirect bribes. This policy further prohibits the receipt of improper payments or things of value. Section 201(b) proscribes the giving and receiving bribes. Even small payments or benefits are prohibited if they are intended or operate as bribes. "Anything of Value" means any financial or non-financial benefit.

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Bribery of an Agent - Thing of Value Defined