This portion of the statute deals with the official who is bribed, i.e., the offeree. It covers the request
for something of value just as much as the receipt of something of value. The offense is complete
when the official asks for the thing of value. You don't have to wait until there is an actual exchange.
The mere solicitation of the bribe establishes the offense. U.S. v. McCarson, 4 CMR 546 (AFBR 1951).
D. 1. 18 USC 201f - Gratuities.
Whoever, otherwise than as provided by law for the proper discharge of official duty, directly or
indirectly gives, offers, or promises anything of value to any public official, former public official,
or person selected to be a public official for or because of any official act performed or to be
performed by such public official, former official, or person selected to be a public official
2. 18 USC 201g - Gratuities.
Whoever, being a public official, former public official, or person selected to be a public official,
otherwise than as provided by law for the proper discharge of official duty, directly or indirectly
asks, demands, exacts, solicits, seeks, accepts, receives, or agrees to receive anything of value
for himself for or because of any official act performed or to be performed by him...
Notice how these two subsections are different from 201b and c. These subsections do not require
an intent to influence the public official. The intent of these two subsections is to avoid even the
appearance of evil. If a contracting officer receives a new TV set from a company which just received
an award of a contract, suspicions are raised about the legitimacy of the entire contracting process.
The company which got the contract may have been by far the best choice, but there will always be
doubts about the award.
These subsections are also lesser included offenses of 18 USC 201b and c. You may feel that
there was an intent to influence a public official, but your investigation does NOT turn up evidence
which would prove intent beyond a reasonable doubt. In such a case, either 201f or 201g may be the
answer.
E. 18 USC 209a - Salary of Government Employees Payable Only by the United States.
1. "Whoever receives any salary, or any contribution to or supplementation of salary, as
compensation for his services as an officer or employee of the executive branch of the United
States Government, of any independent agency of the United States, or of the District of
Columbia, from any source other than the Government of the United States, except as may be
contributed out of the treasury of any state, county, or municipality; or
Whoever, whether an individual, partnership, association, corporation, or other organization
pays, or makes any contribution to, or in any
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