What Is Bribery?
It's a good bet that no matter when you are reading this, somewhere in the world there is either a bribery investigation ongoing, charges of bribery facing a high-profile official, or a recent conviction. There has also been a push for anti-corruption prosecutions worldwide. It's a good time to answer the question: what is bribery?
The general definition of bribery is the offering, giving, receiving, or soliciting of something of value with the intent of influencing the actions of a government official or employee. Passive bribery is when the request for payment is made by the official and active bribery is when someone offers something to a government official in exchange for something else. This is commonly known as a kickback.
The form of bribery can change depending on the situation. Things like money, cars, and real estate are examples of items that have been used to solicit favors from decision-makers in the past.
Both parties (i.e., the briber and the bribee) can be prosecuted under these criminal laws even if nothing is ultimately exchanged. But typically there is some sort of quid pro quo for the illegal act.
There are state laws but many big cases are prosecuted by the U.S. Department of Justice. An example was the Varsity Blues bribery scandal which involved test preparation businesses and coaches from multiple high-level universities who accepted money in exchange for admitting students as athletes into their programs who wouldn’t otherwise qualify.
Because bribery is an intent crime, meaning that the person offering, giving, receiving, or soliciting a bribe must intend to influence or be influenced in their official duties, it's not difficult to see what kind of statements and actions can lead to prosecution. For example, someone might give a local official an amount of money for them to vote a certain way on a land use decision in their community. Or an official might receive tickets to an event or a no cost rental of a beach property in exchange for them speaking out against a particular bill a legislative committee. In any event the bribe leads to action by the person receiving the benefit.
Conflicting Bribery-Related Case Law in the U.S.
Despite the basic definition of bribery, even the United States Supreme Court has had different views of the crime over the years. In the Sun-Diamond Growerscase, decided in 1999, the Supreme Court found that giving a gift or contribution to a public official or candidate is not necessarily against the law. Instead, prosecutors must show an actual connection between the item of value and a specific past or future act by the official or candidate.
But more recently in the Snyder case, decided in 2024, the Supreme Court found that the party accepting a bribe under the federal statute Snyder was charged with must have a “corrupt state of mind” and accept the bribe as an official act of the office they hold.
Bribery Prevention Is International
There is also a push to prevent bribery and corruption by individuals and groups outside of the United States on decision makers inside the country. Similarly, the Foreign Corrupt Practices Act (also known as “FCPA”) prevents American citizens from making payments to foreign governments in an attempt for favor in international business dealings.
Other countries have also been working to prevent bribery. An example is the United Kingdom which passed the UK Bribery Act of 2010 in an attempt to inform British citizens and prevent bribery within its borders.
Bribery may be a white-collar crime but that doesn’t mean it is not taken seriously worldwide. The bribery of public officials can have huge implications on governments, private businesses, economies, and private citizens.