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Bribery
Bribery
is the act of giving money, goods or other forms of recompense to a recipient in exchange for an alteration of their behavior (to the benefit/interest of the giver) that the recipient would otherwise not alter. Bribery
Bribery
is defined by Black's Law Dictionary
Black's Law Dictionary
as the offering, giving, receiving, or soliciting of any item of value to influence the actions of an official or other person in charge of a public or legal duty.[1] Gifts of money or other items of value which are otherwise available to everyone on an equivalent basis, and not for dishonest purposes, is not bribery. Offering a discount or a refund to all purchasers is a legal rebate and is not bribery. For example, it is legal for an employee of a Public Utilities Commission involved in electric rate regulation to accept a rebate on electric service that reduces their cost for electricity, when the rebate is available to other residential electric customers. Giving the rebate to influence them to look favorably on the electric utility's rate increase applications, however, would be considered bribery. The bribe is the gift bestowed to influence the recipient's conduct. It may be money, goods, rights in action, property, preferment, privilege, emolument, objects of value, advantage, or merely a promise to induce or influence the action, vote, or influence of a person in an official or public capacity.[2] In economics, the bribe has been described as rent. Bribery
Bribery
in bureaucracy has been viewed as a reason for the higher cost of production of goods and services.

Contents

1 Forms 2 Government

2.1 Tax treatment

3 Medicine 4 Politics 5 Business 6 Sport corruption 7 Prevention

7.1 Legislation 7.2 Businesses

8 Notable instances

8.1 Rejected

9 See also 10 References 11 External links

Forms[edit]

Photo of cash found in Congressman William J. Jefferson's freezer in the August 2005 raid was shown to jurors on 8 July 2009

Many types of payments or favors can constitute bribes: tip, gift, sop, perk, skim, favor, discount, waived fee/ticket, free food, free ad, free trip, free tickets, sweetheart deal, kickback/payback, funding, inflated sale of an object or property, lucrative contract, donation, campaign contribution, fundraiser, sponsorship/backing, higher paying job, stock options, secret commission, or promotion (rise of position/rank). One must be careful of differing social and cultural norms when examining bribery. Expectations of when a monetary transaction is appropriate can differ from place to place. Political campaign contributions in the form of cash, for example, are considered criminal acts of bribery in some countries, while in the United States, provided they adhere to election law, are legal. Tipping, for example, is considered bribery in some societies, while in others the two concepts may not be interchangeable. In some Spanish-speaking countries, bribes are referred to as "mordida" (literally, "bite"). In Arab countries, bribes may be called baksheesh (a tip, gift, or gratuity) or "shay" (literally, "tea"). French-speaking countries often use the expressions "dessous-de-table" ("under-the-table" commissions), "pot-de-vin" (literally, "wine-pot"), or "commission occulte" ("secret commission" or "kickback"). While the last two expressions contain inherently a negative connotation, the expression "dessous-de-table" can be often understood as a commonly accepted business practice. In German, the common term is Schmiergeld ("smoothing money"). The offence may be divided into two great classes: the one, where a person invested with power is induced by payment to use it unjustly; the other, where power is obtained by purchasing the suffrages of those who can impart it. Likewise, the briber might hold a powerful role and control the transaction; or in other cases, a bribe may be effectively extracted from the person paying it, although this is better known as extortion. The forms that bribery take are numerous. For example, a motorist might bribe a police officer not to issue a ticket for speeding, a citizen seeking paperwork or utility line connections might bribe a functionary for faster service. Bribery
Bribery
may also take the form of a secret commission, a profit made by an agent, in the course of his employment, without the knowledge of his principal. Euphemisms abound for this (commission, sweetener, kick-back etc.) Bribers and recipients of bribery are likewise numerous although bribers have one common denominator and that is the financial ability to bribe. Bribery
Bribery
around the world is estimated at about $1 trillion (£494bn).[3] As indicated on the pages devoted to political corruption, efforts have been made in recent years by the international community to encourage countries to dissociate and incriminate as separate offences, active and passive bribery. From a legal point of view, active bribery can be defined for instance as the promising, offering or giving by any person, directly or indirectly, of any undue advantage [to any public official], for himself or herself or for anyone else, for him or her to act or refrain from acting in the exercise of his or her functions. (article 2 of the Criminal Law Convention on Corruption (ETS 173) of the Council of Europe). Passive bribery can be defined as the request or receipt [by any public official], directly or indirectly, of any undue advantage, for himself or herself or for anyone else, or the acceptance of an offer or a promise of such an advantage, to act or refrain from acting in the exercise of his or her functions (article 3 of the Criminal Law Convention on Corruption (ETS 173)). The reason for this dissociation is to make the early steps (offering, promising, requesting an advantage) of a corrupt deal already an offence and, thus, to give a clear signal (from a criminal policy point of view) that bribery is not acceptable. Besides, such a dissociation makes the prosecution of bribery offences easier since it can be very difficult to prove that two parties (the bribe-giver and the bribe-taker) have formally agreed upon a corrupt deal. Besides, there is often no such formal deal but only a mutual understanding, for instance when it is common knowledge in a municipality that to obtain a building permit one has to pay a "fee" to the decision maker to obtain a favourable decision. Government[edit]

Article II, Section 4 of the United States Constitution

A grey area may exist when payments to smooth transactions are made. United States law is particularly strict in limiting the ability of businesses to pay for the awarding of contracts by foreign governments; however, the Foreign Corrupt Practices Act
Foreign Corrupt Practices Act
contains an exception for "grease payments"; very basically, this allows payments to officials in order to obtain the performance of ministerial acts which they are legally required to do, but may delay in the absence of such payment. In some countries, this practice is the norm, often resulting from a developing nation not having the tax structure to pay civil servants an adequate salary. Nevertheless, most economists regard bribery as a bad thing because it encourages rent seeking behaviour. A state where bribery has become a way of life is a kleptocracy. Recent evidence suggests that the act of bribery can have political consequences- with citizens being asked for bribes becoming less likely to identify with their country, region and/or tribal unit.[4][5] Tax treatment[edit] The tax status of bribes is an issue for governments since the bribery of government officials impedes the democratic process and may interfere with good government. In some countries, such bribes are considered tax-deductible payments. However, in 1996, in an effort to discourage bribery, the OECD
OECD
Council recommended that member countries cease to allow the tax-deductibility of bribes to foreign officials. This was followed by the signing of the Anti- Bribery
Bribery
Convention [6]. Since that time, the majority of the OECD
OECD
countries which are signatories of the convention have revised their tax policies according to this recommendation and some have extended the measures to bribes paid to any official, sending the message that bribery will no longer be tolerated in the operations of the government.[7] As any monetary benefit received from an illegal activity such as bribery is generally considered part of one’s taxable income, however, as its criminal, some governments may refuse to accept it as income as it may mean they are a party to the activity. [8] Medicine[edit] Pharmaceutical corporations may seek to entice doctors to favor prescribing their drugs over others of comparable effectiveness. If the medicine is prescribed heavily, they may seek to reward the individual through gifts.[9] The American Medical Association
American Medical Association
has published ethical guidelines for gifts from industry which include the tenet that physicians should not accept gifts if they are given in relation to the physician’s prescribing practices.[10] Doubtful cases include grants for traveling to medical conventions that double as tourist trips. Dentists often receive samples of home dental care products such as toothpaste, which are of negligible value; somewhat ironically, dentists in a television commercial will often state that they get these samples but pay to use the sponsor's product. In countries offering state-subsidized or nationally funded healthcare where medical professionals are underpaid, patients may use bribery to solicit the standard expected level of medical care. For example, in many formerly Communist countries from what used to be the Eastern Bloc it may be customary to offer expensive gifts to doctors and nurses for the delivery of service at any level of medical care in the non-private health sector.[11][12] Politics[edit]

Demonstration in Washington, DC

Politicians receive campaign contributions[13] and other payoffs from powerful corporations, organizations or individuals in return for making choices in the interests of those parties, or in anticipation of favorable policy, also referred to as lobbying. This is not illegal in the United States and forms a major part of campaign finance, though it is sometimes referred to as the money loop[citation needed]. Convictions for this form of bribery are easier to obtain with hard evidence, that is a specific amount of money linked to a specific action by the bribed. Such evidence is frequently obtained using undercover agents, since evidence of a quid pro quo relation difficult to prove. See also influence peddling and political corruption. Recent evidence suggests that demands for bribes can adversely impact citizen level of trust and engagement with the political process. Business[edit]

A campaign to prevent bribes in Zambia.

Main article: Commercial bribery Employees, managers, or salespeople of a business may offer money or gifts to a potential client in exchange for business. For example, in 2006, German prosecutors conducted a wide-ranging investigation of Siemens AG
Siemens AG
to determine if Siemens employees paid bribes in exchange for business. In some cases where the system of law is not well-implemented, bribes may be a way for companies to continue their businesses. In the case, for example, custom officials may harass a certain firm or production plant, officially stating they are checking for irregularities, halting production or stalling other normal activities of a firm. The disruption may cause losses to the firm that exceed the amount of money to pay off the official. Bribing the officials is a common way to deal with this issue in countries where there exists no firm system of reporting these semi-illegal activities. A third party, known as a White Glove, may be involved to act as a clean middleman. Specialist consultancies have been set up to help multinational companies and small and medium enterprises with a commitment to anti-corruption to trade more ethically and benefit from compliance with the law. Contracts based on or involving the payment or transfer of bribes ("corruption money", "secret commissions", "pots-de-vin", "kickbacks") are void.[14] In 2012, The Economist
The Economist
noted:

Bribery
Bribery
would be less of a problem if it wasn't also a solid investment. A new paper by Raghavendra Rau of Cambridge University
Cambridge University
and Yan Leung Cheung and Aris Stouraitis of the Hong Kong Baptist University examines 166 high-profile cases of bribery since 1971, covering payments made in 52 countries by firms listed on 20 different stockmarkets. Bribery
Bribery
offered an average return of 10 to 11 times the value of the bung paid out to win a contract, measured by the jump in stockmarket value when the contract was won. America's Department of Justice found similarly high returns in cases it has prosecuted.[15]

In addition, a survey conducted by auditing firm Ernst & Young (EY) in 2012 found that 15 percent of top financial executives are willing to pay bribes in order to keep or win business. Another 4 percent said they would be willing to misstate financial performance. This alarming indifference represents a huge risk to their business, given their responsibility.[16] Sport corruption[edit] Main article: Match fixing Referees and scoring judges may be offered money, gifts, or other compensation to guarantee a specific outcome in an athletic or other sports competition. A well-known example of this manner of bribery in sport would be the 2002 Olympic Winter Games figure skating scandal, where the French judge in the pairs competition voted for the Russian skaters in order to secure an advantage for the French skaters in the ice dancing competition. Additionally, bribes may be offered by cities in order to secure athletic franchises, or even competitions, as happened with the 2002 Winter Olympics. It is common practice for cities to "bid" against each other with stadiums, tax benefits, and licensing deals.[17] Prevention[edit] Legislation[edit] The U.S. introduced the Foreign Corrupt Practices Act
Foreign Corrupt Practices Act
in 1977 to address bribery of foreign officials. This legislation dominated international anti-corruption enforcement until around 2010 when other countries began introducing broader and more robust legislation, notably the United Kingdom Bribery
Bribery
Act 2010.[18][19] The International Organization for Standardization introduced an international anti-bribery management system standard in 2016.[20] In recent years, cooperation in enforcement action between countries has increased.[21] Businesses[edit] Programs of prevention need to be properly designed and meet with international standards of best practice. To ensure respect for a program, whether it be on the part of employees or business partners, external verification is necessary. International best practices such as the Council for Further Combating Bribery
Bribery
of Foreign Public Officials in International Business Transactions, Annex 2;[22] the ISO 26000 norm (section 6.6.3) or TI Business Principles for Countering Bribery[23] are used in external verification processes to measure and ensure that a program of bribery prevention works and is consistent with international standards. Another reason for businesses to undergo external verification of their bribery prevention programs is that it means evidence can be provided to assert that all that was possible was done to prevent corruption. Companies are unable to guarantee corruption has never occurred; what they can do is provide evidence that they did their best to prevent it. Notable instances[edit]

Spiro Agnew, American Vice President who resigned from office in the aftermath of discovery that he took bribes while serving as Governor of Maryland. Duke Cunningham, United States Navy
United States Navy
veteran and former Republican member of the United States House of Representatives from California's 50th Congressional District resigned after pleading guilty to accepting at least $2.4 million in bribes and under-reporting his income for 2004. Gerald Garson, former New York Supreme Court Justice, convicted of accepting bribes to manipulate outcomes of divorce proceedings. Andrew J. Hinshaw, Republican, former congressman from California's 40th district, convicted of accepting bribes. John Jenrette, Democrat, former congressman from South Carolina's 6th district, convicted of accepting a bribe in the FBI's Abscam operation. Donald "Buz" Lukens, Republican, former congressman from Ohio's 8th district, charged with delinquency of a minor and convicted of bribery and conspiracy. Martin Thomas Manton, former U.S. federal judge convicted of accepting bribes. Rick Renzi, Republican, former congressman from Arizona's 1st district, found guilty of 17 counts including wire fraud, conspiracy, extortion, racketeering, and money laundering. Ted Stevens, Republican, former Alaskan senator and president pro tempore of the U.S. Senate, convicted of seven counts of bribery and tax evasion. Dianne Wilkerson, Democrat, former Massachusetts state senator pleaded guilty to eight counts of attempted extortion. Roh Moo-hyun, former South Korean president committed suicide after being investigated for receiving bribes. Pakistan cricket spot-fixing controversy, Mohammad Asif, Mohammad Amir and Salman Butt, Pakistani cricketers found guilty of accepting bribes to bowl no-balls against England at certain times. Tangentopoli
Tangentopoli
(Italian for "city of bribes") was a huge bribery scandal in early 1990s Italy, which brought down the whole system of political parties, when it was uncovered by the Mani pulite
Mani pulite
investigations. At one point roughly half of members of parliament were under investigation.

Rejected[edit]

Larry Pressler
Larry Pressler
rejected a bribe from undercover FBI agents during Abscam
Abscam
investigations.

See also[edit]

Wikiquote has quotations related to: Bribery

Wikisource
Wikisource
has the text of the 1911 Encyclopædia Britannica article Bribery.

Ambitus Bid rigging Bribe Payers Index Charbonneau Commission Conflict of interest Corruption by country Foreign Corrupt Practices Act Group of States Against Corruption
Group of States Against Corruption
(GRECO) of the Council of Europe Influence peddling Jury tampering Kickback (bribery) King George's Calvary Largitio Legal
Legal
plunder Lobbying Match fixing Money
Money
trail - Money
Money
loop Organized crime Pay to Play Payola Point shaving Political corruption Price fixing Principal–agent problem Transparency International UK Bribery
Bribery
Act 2010

References[edit]

 This article incorporates text from a publication now in the public domain: Chisholm, Hugh, ed. (1911). "Bribery". Encyclopædia Britannica (11th ed.). Cambridge University
Cambridge University
Press. 

^ What is bribert?, Black's Law Dictionary, retrieved September 30, 2015  ^ See generally T. Markus Funk, "Don't Pay for the Misdeeds of Others: Intro to Avoiding Third-Party FCPA Liability," 6 BNA White Collar Crime Report 33 (January 14, 2011) (discussing bribery in the context of the Foreign Corrupt Practices Act). ^ "BBC NEWS - Business - African corruption 'on the wane'". bbc.co.uk.  ^ Hamilton, A.; Hudson, J. (2014). " Bribery
Bribery
and Identity: Evidence from Sudan" (PDF). Bath Economic Research Papers, No 21/14.  ^ Hamilton, A.; Hudson, J. (2014). "The Tribes that Bind: Attitudes to the Tribe and Tribal Leader in the Sudan" (PDF). Bath Economic Research Papers 31/14.  ^ " OECD
OECD
Anti Bribery
Bribery
Convention".  ^ " OECD
OECD
Anti-corruption and integrity in the public sector".  ^ https://www.pinoymoneytalk.com/income-from-hyip-autosurf-scams-are-taxable/ ^ "Let the Sunshine in." The Economist
The Economist
Newspaper. Ecomomist.com (from Print Edition). 02 Mar. 2013. Retrieved 02 Dec. 2014. ^ "AMA Error Page". ama-assn.org. 28 April 2014.  ^ Lewis, Mauree. (2000). Who is paying for healthcare in Eastern Europe and Central Asia? World Bank Publications. ^ Bribes for basic care in Romania. The Guardian Weekly
The Guardian Weekly
(March 26th 2008). ^ " OECD
OECD
work on Money
Money
in Politics & Policy Capture".  ^ International principle of law Trans-Lex.org ^ "You get who you pay for". The Economist
The Economist
(2 June 2012). Retrieved 2 June 2012.  ^ " OECD
OECD
Anti- Bribery
Bribery
Convention".  ^ " OECD
OECD
work on preventing corruption in sporting events and promoting responsible business conduct".  ^ "Differences between the UK Bribery
Bribery
Act and the US Foreign Corrupt Practices Act". Retrieved 2018-03-09.  ^ Breslin, Brigid; Doron Ezickson; John Kocoras (2010). "The Bribery Act 2010: raising the bar above the US Foreign Corrupt Practices Act". Company Lawyer. Sweet & Maxwell. 31 (11): 362. ISSN 0144-1027.  ^ "New global framework for anti-bribery and corruption compliance programs Freshfields knowledge". knowledge.freshfields.com. Retrieved 2018-03-09.  ^ "Anti-bribery and corruption: global enforcement and legislative developments 2017" (PDF). Freshfields Bruckhaus Deringer. January 2017. Retrieved 9 March 2018.  ^ " OECD
OECD
Anti- Bribery
Bribery
Convention".  ^ "TI Business Principles for Countering Bribery. Available Online. Accessed on May 23, 2012" (PDF). Archived from the original (PDF) on June 2, 2013. Retrieved 2013-04-20. 

External links[edit]

Look up bribery in Wiktionary, the free dictionary.

Wikimedia Commons has media related to Bribery.

World Bank survey of 100,000 firms Group of States against Corruption – GRECO TRACE Business Principles for Countering Bribery OECD
OECD
Centre for Tax Policy and Administration OECD
OECD
Celebrates 20th Anniversary of its Anti- Bribery
Bribery
Convention Country reports on the implementation of the OECD
OECD
Anti-Bribery Convention "The Business of Bribes" PBS Frontline and FRONTLINE/World (February 2009)

v t e

English criminal law

Classes of crimes

Common law Indictable Either way Summary Regulatory Lesser included

Elements of crimes

Actus reus Causation Mens rea Intention (criminal law) Intention in English law Recklessness Criminal negligence Corporate / Vicarious / Strict liability Omissions Concurrence Ignorantia juris non excusat

Inchoate offences

Encouraging or assisting a crime Conspiracy Accessory Attempt Common purpose

Defences

Self-defence Duress Necessity Marital coercion Consent Medical procedure Prevention of crime Participation in a sporting event Lawful excuse Insanity Diminished responsibility Intoxication Category:Criminal defences

Offences against the person

Homicide (Murder / Manslaughter / Corporate manslaughter / Infanticide) Manslaughter in English law Unlawful killing Mayhem Concealing birth Child destruction Wounding or causing grievous bodily harm Assault occasioning actual bodily harm Common assault Attempting to choke, &c. in order to commit any indictable offence Assault with intent to rob Robbery Assault with intent to rape Assault with intent to commit felony, or on peace officers Assault with intent to resist lawful apprehension Buggery Battery Kidnapping Child abduction False imprisonment Harassment Offences Against the Person Act 1861

Sexual offences

Rape Sexual assault Sexual Offences Act 2003

Public order offences

Riot Violent disorder Affray Unlawful assembly Fear or provocation of violence Intentional harassment, alarm or distress Harassment, alarm or distress Public Order Act 1986 Incitement to ethnic or racial hatred Challenging to a fight Nuisance Causing Public nuisance Outraging public decency Effecting a public mischief Keeping a disorderly house Preventing the lawful burial of a body Breach of the peace Treason High treason Common scold Nightwalker statute Rout Forcible entry Accessory (legal term) Misconduct in a public office Misfeasance in public office Abuse of authority Perjury
Perjury
of oath Dereliction of duty

Offences against property

Arson Dishonesty Cheating (law) Burglary Robbery Theft Larceny Criminal damage Squatting Trespass Taking without owner's consent Deception Handling stolen goods Misappropriation of funds Blackmail Extortion Cybercrime Theft
Theft
Act 1968 Theft
Theft
Act 1978 Fraud Act 2006 Fraud by abuse of position Conspiracy to defraud Fare evasion Webcam blackmail

Forgery, personation and cheating

Forgery Cheating the public revenue Uttering

Offences against justice

Bribery Perjury Offences Akin to Perjury Perverting the course of justice Misrepresentation as to identity Embracery Witness intimidation Witness tampering Harming People who have Assisted the Police
Police
/ Given Evidence / Been a Juror Misprision of treason Misprision of felony Compounding a felony Jury tampering Assault with intent to resist lawful apprehension Assisting an offender Harboring a fugitive Encouraging or assisting a crime Escape from lawful custody Obstruction of justice Obstruction of a police officer Wasting police time Refusing to assist a constable Sedition Espionage Contempt of the sovereign Contempt of court Fabrication of false evidence Breach of prison / breaking prison Rescuing a prisoner

Other common law areas

Contract Tort Property Wills Trusts and estates Evidence Criminal procedure

History Law of England and Wales portal Criminal Justice portal

v t e

Psychological manipulation

Rewarding: pleasant (positive reinforcement)

Attention Bribery Child grooming Flattery Gifts Ingratiation Love bombing Nudging Praise Seduction Smiling Superficial charm Superficial sympathy

Aversive: unpleasant (positive punishment)

Anger Character assassination Crying Emotional blackmail Fearmongering Frowning Glaring Guilt trip Inattention Intimidation Nagging Nit-picking criticism Passive aggression Relational aggression Sadism Shaming Silent treatment Social rejection Swearing Threats Victim blaming Victim playing Yelling

Intermittent or partial negative reinforcement

Climate of fear Traumatic bonding

Other techniques

Bait-and-switch Deception Denial Deprogramming Disinformation Distortion Diversion Divide and rule Double bind Entrapment Evasion Exaggeration Gaslighting Good cop/bad cop Indoctrination Low-balling Lying Minimisation Moving the goalposts Pride-and-ego down Rationalization Reid technique Setting up to fail Trojan horse You're either with us, or against us

Contexts

Abuse Abusive power and control Advertising Bullying Catholic guilt Confidence trick Guilt culture Interrogation Jewish guilt Jewish mother stereotype Moral panic Media manipulation Mind control Mind games Mobbing Propaganda Salesmanship Scapegoating Shame
Shame
culture Smear campaign Social engineering (blagging) Spin Suggestibility Whispering campaign

Related topics

Antisocial personality disorder Assertiveness Blame Borderline personality disorder Carrot and stick Dumbing down Enabling Fallacy Femme fatale Gaming the system Gullibility Histrionic personality disorder Impression management Machiavellianism Narcissism Narcissistic personality disorder Personal boundaries Persuasion Popularity Projection Psychopathy

Authority control

GND: 4144934-4 BNF: cb12011363m (d

.