Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 1 of 1
Full-Text Articles in Law
Reviving The Federal Crime Of Gratuities, Sarah N. Welling
Reviving The Federal Crime Of Gratuities, Sarah N. Welling
Law Faculty Scholarly Articles
The federal crime of gratuities prohibits people from giving gifts to federal public officials if the gift is tied to an official act. Both the donor and the donee are liable. The gratuities crime is dysfunctional in two main ways. It is overinclusive in that it covers conduct indistinguishable from bribery. It is underinclusive in that it does not cover conduct that is clearly dangerous: gifts to public officials because of their positions that are not tied to a particular official act.
This Article argues that Congress should extend the crime of gratuities to cover gifts because of an official’s …