B. 18 USC 3 - Accessory After the Fact:
Whoever knowing that an offense against the United States has been committed, receives, relieves,
comforts or assists the offender in order to hinder or prevent his apprehension, trial or punishment, is
an accessory after the fact. (Note: The punishment is the same as it is under Article 78, UCMJ; i.e.,
one-half the maximum confinement authorized for a principal, up to a maximum of 10 years.)
C. 18 USC 201 - Bribery of Public Officials and Witnesses.
1. 18 USC 201b:
Whoever, directly or indirectly, corruptly gives, offers or promises anything of value to
any public official or person who has been selected to be a public official, or offers or promises any
public official or any person who has been selected to be a public official to give anything of value to
any other person or entity, with intent--
a. to influence any official act; or
b. to influence such public official or person who has been selected to be a public official to
commit or aid in committing, or collude, in, or allow, any fraud, or make opportunity for the commission
of any fraud, on the United States; or
c. to induce such public official or such person who has been selected to be a public official
to do or omit to do any act in violation of his lawful duty...
The gist of this offense is the intent to influence an official act. Note that the statute says whoever
gives or offers anything of value. This means that the crime is complete once the offer is made. There
does not have to be an actual delivery of anything. The statute also states "anything of value," so
money is not the only form of payment. A new car, a fur coat, a vacuum cleaner, or anything else could
be promised or given. Examine what the payment, or offer, was for. If the offer or payment was made
with the corrupt intent to influence an official act, the offense is bribery.
U.S. v. Graalum, 19 CMR 667 (AFBR 1954), is a good illustration of the way courts approach this
area. Graalum was a clerk in a squadron orderly room. Part of Graalum's duty concerned making calls
to higher headquarters (group) to indicate that an airman had requested or would request a hardship
discharge. When the group headquarters got the call, the next higher headquarters (wing) would be
called. When the wing got the call, the airman's name would be taken off orders for overseas
assignment. Graalum started dealing in a "calls for cash" scheme. For a price, he would call the group
headquarters and tell them that a hardship discharge request had been submitted. The Air Force Court
of Military Review discussed bribery at length, defining it to include the offer or the request for
something of value with the corrupt intent to influence the official action or decision of a
1-19
MP1022