580 F.2d at 69. In 526 U.S. 398, 404 (1999), the United States v. Sun-Diamond Growers of California, Court explained the difference between bribery and giving an illegal gratuity: The distinguishing feature of each crime is its intent element. Bribery requires intent influence” an official act or be influenced” in an official act, while “to “to illegal gratuity requires only that the gratuity be given or accepted or because “for of” an official act. In other words, for bribery there must be a quid pro quo-a specific intent to give or receive something of value in exchange for an official act. An illegal gratuity, on the other hand, may constitute merely a reward for some future act that the public official will take (and may already have determined to take), or for a past act that he has already taken. 526 U.S. at 404-05. 500 F.3d at 284. The gratuity must be linked to a specific See also Kemp, official act or acts. 526 U.S. at 407-08. order to establish a violation of See Sun-Diamond, “[I]n 18 U.S.C. § 201(c)(1)(A), the Government must prove a link between a thing of value conferred upon a public official and a specific act’ for or because of which it was given.” ‘official 526 U.S. at 414. (revised 12/09)
580 F.2d at 69. In United States v. Sun-Diamond Growers of California, 526 U.S. 398, 404 (1999), the Court explained the difference between bribery and giving an illegal gratuity: The distinguishing feature of each crime is its intent element. Bribery requires intent “to influence” an official act or “to be influenced” in an official act, while illegal gratuity requires only that the gratuity be given or accepted “for or because of” an official act. In other words, for bribery there must be a quid pro quo-a specific intent to give or receive something of value in exchange for an official act. An illegal gratuity, on the other hand, may constitute merely a reward for some future act that the public official will take (and may already have determined to take), or for a past act that he has already taken. 526 U.S. at 404-05. See also Kemp, 500 F.3d at 284. The gratuity must be linked to a specific official act or acts. See Sun-Diamond, 526 U.S. at 407-08. “[I]n order to establish a violation of 18 U.S.C. § 201(c)(1)(A), the Government must prove a link between a thing of value conferred upon a public official and a specific ‘official act’ for or because of which it was given.” 526 U.S. at 414. (revised 12/09)
2017%20Chap%206%20Bribery%20revisions%20final.docx