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Bribery (From White-Collar Crime: Fifth Survey of Law, P 691-711, 1989, Andrew J. Gildea, ed. -- See NCJ-120557)

NCJ Number
120562
Journal
American Criminal Law Review Volume: 26 Issue: 3 Dated: (Winter 1989) Pages: 691-711
Author(s)
N J Levine
Date Published
1989
Length
22 pages
Annotation
This article reviews Sections 201 and 666 of Title 18 of the United States Code, provisions governing bribery and the payment of illegal gratuities to public officials.
Abstract
Section 201, which applies to most public officials, is a more encompassing statute than Section 666 and imposes criminal liabilities when a public official is offered or solicits a bribe or an unlawful gratuity. Section 666, added to Title 18 by the Comprehensive Crime Control Act of 1984 and amended in 1986, imposes liability only when a public official accepts a bribe that is offered or when an individual agrees to a request for a bribe. The scope of Section 666 is limited to officials of State or local governments or agencies that draw a certain amount of Federal funds. Specific elements of Section 201 and 666 offenses are discussed in detail, along with relevant case law and defenses used by defendants accused of violations of Sections 201 and 666. Because Section 666 is a relatively new addition to Federal bribery law, it contains many issues not yet addressed by the judiciary. The author recommends that Section 666 be amended to include officials of unincorporated territories among the class of public officials covered by the statute. 152 footnotes.

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