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NCJ Number: 210807 Find in a Library
Title: Public Corruption
Journal: American Criminal Law Review  Volume:42  Issue:2  Dated:Spring 2005  Pages:781-824
Author(s): P. J. Meitl; Peter I. Minton; Beth Dyer
Date Published: 2005
Page Count: 44
Type: Legislation/Policy Analysis
Format: Article
Language: English
Country: United States of America
Annotation: This article describes the elements, defenses, and penalties of several statutes designed to prevent and punish corruption by public officials.
Abstract: Following the introduction in section 1, section 2 focuses on the elements, defenses, and penalties associated with bribery and illegal gratuity offenses. Statutes governing bribery and illegal gratuity are part of a series of regulations that govern the acceptance of gifts and other “self-enriching” actions by public officials. The elements of bribery and illegal gratuity offenses are reviewed; the key distinction between the two offenses lies in the element of intent. Whereas bribery must involve the intent to influence, the offense of illegal gratuity only requires that the gratuity be given “for or because of an official act.” The defenses to bribery and illegal gratuity offenses are reviewed, as are the allowable penalties. Section 3 focuses on defenses to the offense of criminal conflict of interest and describes elements of the charge of unauthorized compensation. The limitations on the activities of government officers and employees are reviewed, as are the limitations that apply after their employment has been terminated. This section also examines the prohibition against acts that impact financial interest and the prohibitions against Federal employees receiving outside salaries. The penalties for these offenses are reviewed; most convicted defendants are sentenced in accordance with the United States Sentencing Guidelines. Footnotes
Main Term(s): Corruption of public officials; Laws and Statutes
Index Term(s): Bribery; Federal Code; Federal law violations
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