person occupying an official position or having official duties. The court pointed out the recipient of the
offer does not need to be in a position to accomplish the end purpose of the bribe. The recipient need
only be in a position to carry out routine duties with respect to the end purpose of the bribe. So, in this
case, Graalum did not have to be in a position to take a name off of an overseas assignment; he only
had to be in a position to perform a routine duty related to the end desired. Graalum could not remove
anyone from an overseas assignment, only wing headquarters could. Graalum was, however, in a
position to make telephone calls to start the process, and this was sufficient to put him in an official
position. The court further noted that even if the end result would be impossible to carry out, the offer
plus the corrupt intent is sufficient for bribery.
The Army Court of Military Review again stated that the person who is bribed must occupy an official
position in U.S. v. Kulp, 5 MJ 678 (ACMR 1978). This court agreed that the offeree must occupy an
official position relating to the object of the bribe. This court also agreed that the offeree does not have
to be able to perform the object of the bribe, he only needs to be in a position related to it. The
requirement is that he be in a position to take official action on the matter in question.
You can find an official position for the purposes of 18 USC 201 at all levels, high or low. In U.S. v.
Eslow, 1 MJ 620 (ACMR 1975), the official position was the temporary guard of an Army truck. The
unit was preparing to move out, and the soldiers had all put their duffle bags on a truck. The company
commander got a tip that someone had marijuana in their duffle bag. The CO put a guard on the truck
and instructed him not to let anyone take their duffle bag off the truck. Eslow offered the guard 0 if
the guard would let him get something out of his duffle bag. Was the guard in an official position? The
court held that he was. In U.S. v. Eckert, 8 MJ 835 (ACMR 1980), the court found that a battalion legal
clerk's position was an official position for these purposes when the object of the bribe was the
destruction of an Article 15.
2. 18 USC 201c.
Whoever, being a public official or person selected to be a public official, directly or
indirectly, corruptly asks, demands, exacts, solicits, seeks, accepts, receives, or agrees to receive
anything of value for himself or for any other person or entity, in return for:
a. being influenced in his performance of any official act; or
b. being influenced to commit or aid in committing, or to collude in, or allow, any fraud, or
make opportunity for the commission of any fraud on the United States; or
c. being induced to do or omit to do any act in violation of his official duty...is guilty of
bribery.
MP1022
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