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8.16 Illegal Gratuity to Public Official (18 U.S.C. Sec. 201(c)(1)(A))

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Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/

8.16 Illegal Gratuity to Public Official (18 U.S.C. Sec. 201(c)(1)(A)) is a federal law that makes it a crime to give or offer a “gratuity” to a public official. A gratuity is defined as a payment, gift, loan, favor, or any other item of value given as an inducement for, or in recognition of, any official act. It is illegal for any person to give or offer a gratuity to a public official with the intent to influence or reward any official action. The different types of 8.16 Illegal Gratuity to Public Official (18 U.S.C. Sec. 201(c)(1)(A)) include bribes, kickbacks, and other forms of improper payments to public officials. It is a felony, punishable by up to three years in prison and a fine of up to $250,000.

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FAQ

Penalties for 18 U.S.C. If convicted of bribery of a public official under 18 U.S.C. 201(b), the penalties include up to 15 years in prison and/or a fine of up to three times the monetary amount of the something of value that you offered to the public official.

New 18 U.S.C. 209. Subsection (a) prevents an officer or employee of the executive branch, an independent agency or the District of Columbia from receiving, and anyone from paying him, any salary or supplementation of salary from a private source as compensation for his services to the Government.

Illegal gratuities are similar to bribery, except that there is no intent to influence a particular business decision, but rather to reward someone for making a favorable decision.

Bribery Penalties The penalties for bribery of a public official includes a fine of up to three times the value of the bribe, and imprisonment for up to 15 years in a federal penitentiary. A conviction can also disqualify the individual from holding any office of honor, trust or profit under the United States.

18 U.S.C. § 201 prohibits public officials from accepting bribes or gratuities to influence their Government actions.

Section 201(c) prohibits that same public official from accepting the same thing of value, if he does so "for or because of" any official act, and prohibits anyone from giving any such thing to him for such a reason.

18 U.S.C. 201 You are prohibited from demanding, seeking, receiving, accepting or agreeing to receive or accept anything of value as a bribe to influence your Government actions or as a gratuity for or because of your Government actions. 18 U.S.C.

18 U.S.C. § 201 prohibits public officials from accepting bribes or gratuities to influence their Government actions.

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8.16 Illegal Gratuity to Public Official (18 U.S.C. Sec. 201(c)(1)(A))