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--
(1) to influence any official act, or
(2) to influence such public official 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
(3) 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...
This statute is confusing until it is broken down into its elements:
ELEMENTS
(1) the suspect gave, offered, or promised (directly or indirectly) to give something of value to
any other person or entity,
(2) the offer was to a public official or a person selected to be a public official,
(3) the suspect acted corruptly,
(4) the suspect has the intent to:
(a) influence an official act of the official; or,
(b) induce a breach of official duty; or,
(c) induce the official to commit or allow a fraud on the United States.
You can see how breaking down the elements makes the statutes easier to understand. Once this
is done, you can formulate the questions which your investigation must answer. You have also
identified areas within which the attorneys can help you; e.g., what is "something of value," what is an
"entity," what constitutes "corruption"? Once these questions are answered, you know what to do, and
what questions to ask.
As you investigate the case and develop facts, make a proof diagram to organize your thoughts for
your next meeting with the attorney. The following is an example of 18 USC 711a with the analysis of
the proof:
1-9
MP1022
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