8.18 Illegal Gratuity to Witness (18 U.S.C. Sec. 201(c)(2)) is a federal law that prohibits a person from directly or indirectly giving anything of value to a witness or potential witness in a federal criminal case in an effort to influence their testimony. This gratuity is illegal regardless of whether the witness actually testifies or not. The types of illegal gratuity to witness include both tangible and intangible items, such as money, gifts, favors, or promises of future benefits. This law applies to all federal criminal cases, including those in which the witness is not a party to the case. Violation of this law can result in up to two years in prison and/or a fine.
8.18 Illegal Gratuity to Witness (18 U.S.C. Sec. 201(c)(2)).. . . . . . .
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Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/
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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 the agreement to give something of value in exchange for an official taking an action, making a decision, or other performance in their official duties. An illegal gratuity takes place after the fact. It is giving a public official a gratuity or gift after an official act was performed.
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.
A bribe is an illegal act involving the exchange of something of value, such as money, with the purpose of influencing the behavior of public officials.
18 U.S.C. § 201 prohibits public officials from accepting bribes or gratuities to influence their Government actions.
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.
Section 201(b)(3) of the federal antigratuity statute makes it a crime to corruptly give, offer, or promise anything of value to any person with intent to influence that person's testimony under oath in a trial, hearing, or other proceeding. A person who violates this statute may be fined, imprisoned, or both.
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.
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It also prevents him from receiving a gratuity, or a share or interest in any such claim, for assistance in the prosecution thereof. Giving an illegal gratuity to a public official in violation of 18 U.S.C. § 201(c)(1)(A) may be a lesser included offense.See Instruction 6.18. Section 201 of Title 18 is entitled "Bribery of public officials and witnesses. Title 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 11 - BRIBERY, GRAFT, AND CONFLICTS OF INTEREST Sec. Section 201 of title 18 prohibits bribing or giving gratuities to public officials or sworn witnesses. 18 U.S.C. § 201 prohibits public officials from accepting bribes or gratuities to influence their Government actions. U.S.C. § 201(c)(1)(B)). 8.14. 8.18. This consultation paper, completed on 31 October 2007, is circulated for comment and criticism only.