bribery

bribery, n. The corrupt payment, receipt, or solicitation of a private favor for official action. • Bribery is a felony in most jurisdictions. See Model Penal Code § 240.

1. Cf. KICKBACK. [Cases: Bribery

1. C.J.S. Bribery §§ 2–3, 5–8, 10–11.] — bribe, vb.

“If money has been corruptly paid and corruptly received, for the purpose of influencing official action, do we have one crime of which two are guilty, or two different crimes? No uniform answer is possible under existing statutes. Under some of the provisions bribery is one offense and references to (1) giving or offering a bribe, or (2) to receiving or soliciting a bribe, are merely factual statements in regard to the guilt of one party or the other. Under another plan ‘bribery’ is employed as a generic term to cover two different offenses: (1) giving or offering a bribe, and (2) receiving or soliciting a bribe. A third plan uses the word ‘bribery’ to indicate the offense of the briber and ‘receiving a bribe’ for the other side of the transaction.” Rollin M. Perkins & Ronald N. Boyce, Criminal Law 537 (3d ed. 1982).

commercial bribery.

1. The knowing solicitation or acceptance of a benefit in exchange for violating an oath of fidelity, such as that owed by an employee, partner, trustee, or attorney. Model Penal Code § 224.8(1).

2. A supposedly disinterested appraiser’s acceptance of a benefit that influences the appraisal of goods or services. Model Penal Code § 224.8(2).

3. Corrupt dealing with the agents or employees of prospective buyers to secure an advantage over business competitors.


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