8.17 Receiving Illegal Gratuity by Public Official (18 U.S.C. Sec. 201(c)(1)(B)) is a federal offense where a public official receives a gratuity or reward for the performance of their official duties. A gratuity is defined as a payment or something of monetary value given without expectation of return. Public officials are strictly prohibited from receiving any gratuity for anything related to their duties. This crime is punishable by a fine and/or imprisonment. There are two types of 8.17 Receiving Illegal Gratuity by Public Official (18 U.S.C. Sec. 201(c)(1)(B)): 1. Direct Gratuity: This is when a public official takes a direct gratuity from someone in exchange for performing an official duty. 2. Indirect Gratuity: This is when a public official receives a gratuity from someone in exchange for influencing a third party to perform an official duty.
8.17 Receiving Illegal Gratuity by Public Official (18 U.S.C. Sec. 201(c)(1)(B))
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FAQ
The main difference between bribery and illegal gratuity is the intent involved. Bribery requires proof of a quid pro quo-an exchange of money for an official act. Illegal gratuity, on the other hand, merely requires a gift of money because of an official act.
Bribery, illegal gratuities, and economic extortion cases all bear a great deal of similarity in that they all involve an illicit payment from one party to another, either to influence a decision or as a reward for a decision already made.
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.
Types of Bribery Bribery by/of a Public Official.Bribery by/of a Witness.Bribery of a Foreign Official.Bank Bribery.Bribery in Sporting Contests.
The ?distinguishing feature? between bribery and illegal gratuities is found in the intent element. A payment as a thank you for a past act is a gratuity, not a bribe. If there was no prior agreement, and no quid pro quo, it is a gratuity.
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.
1. Gratuities are things of value given ?for or because of an official act performed or to be performed? by a public official. Gratuities are a lesser included offense of bribery. A gratuity requires knowing and willing conduct, but not corrupt conduct.
