Federal Bribery (18 U.S.C. § 201)
Prohibits bribery of and by public officials of the federal government. Covers both giving and receiving bribes.
§ 201(b) — Bribery (Felony)
Giving: Whoever directly or indirectly gives, offers, or promises anything of value to a public official:
- With intent to influence any official act, OR
- To induce the official to commit or collude in fraud on the U.S., OR
- To induce the official to violate an official duty
Receiving: A public official who demands, seeks, receives, accepts, or agrees to accept anything of value:
- In return for being influenced in an official act, OR
- For being induced to commit fraud or violate duty
Penalty: Up to 15 years; fine up to 3x the bribe amount; disqualification from office.
§ 201(c) — Gratuities (Misdemeanor)
Giving or receiving anything of value to/from a public official for or because of an official act — no quid pro quo or corrupt intent required.
United States v. Sun-Diamond Growers (1999): § 201(c) requires a link between the gratuity and a specific “official act” — not just a generalized relationship or goodwill.
”Public Official”
§ 201(a)(1): includes members of Congress, federal officers, employees, and persons “acting for or on behalf of the United States, or any department, agency, or branch … in any official function.” Dixson v. United States (1984): a person is a public official when they have been delegated a position of public trust with official federal responsibilities.
”Official Act”
McDonnell v. United States (2016): “official act” is limited to a formal exercise of governmental power — setting up meetings, calling officials, or hosting events is NOT an official act unless the defendant also agrees to take actual governmental decisions. Significantly narrowed bribery prosecutions of public officials.
Comparison: § 201 vs. § 666
| Issue | § 201 | Federal Program Fraud (18 U.S.C. § 666) |
|---|---|---|
| Coverage | Federal officials | Agents of entities receiving ≥$10K federal funds |
| Threshold | None | $5,000 minimum per transaction |
| Key case | McDonnell | Salinas v. United States |