Last June, the U.S. Supreme Court (SCOTUS) handed down a ruling that is likely to affect those charged under the federal anti-bribery statute. Will the 6-3 decision make it more difficult for federal prosecutors to charge people with bribery?
The federal statute in question (Section 666) prohibits both local and state government officials from “corruptly” soliciting or accepting anything with a value of over $5,000 in exchange for an official act. Just what does “corruptly” mean?
The case before the court
The case that made it to SCOTUS involved a midwestern mayor who was found guilty of bribery for accepting $13,000 from a local trucking company after he helped it obtain approximately $1 million in contracts. He was also removed from office. He appealed the conviction, which is how it ended up before SCOTUS.
The former mayor admitted that he received this money but argued that he secured the contracts for the company as part of his private sector job as a consultant – not as the mayor. Further, he said that the money he received was a “gratuity” after the contracts were obtained rather than a bribe. He claimed there was no quid pro quo, which is required for a bribe, such as a promise of money in exchange for securing the contracts.
Not all gratuities are corrupt
The conservative majority on the court agreed with the former mayor. The majority opinion noted that if all gratuities and gifts were considered corrupt, some “19 million state and local officials” would be at risk of going to federal prison for “accepting even commonplace gratuities.” The opinion also noted that this ruling doesn’t mean the former mayor didn’t commit other federal or state crimes.
It’s important to know about this ruling and the distinction made between a gratuity and a bribe if you’re under investigation. Bribery is a serious offense, which carries the potential for years of incarceration. It’s crucial to have experienced legal guidance to protect your rights.