BUSINESS LAW 101 / Bribery

By Albert L. Kelley, Esq.

Fairness.  Fairness is one of the things that makes Americans feel proud of their country.  We believe in a country where everyone is treated fairly and where the law affects us all equally.  This is he cornerstone of why bribery is a crime.  It destroys the concept of fairness and says anyone with money can get preferential treatment.  

“Bribery” is defined as “to knowingly and intentionally give, offer, or promise to any public servant, or, if a public servant, to knowingly and intentionally request, solicit, accept, or agree to accept for himself or herself or another, any pecuniary or other benefit not authorized by law with an intent or purpose to influence the performance of any act or omission which the person believes to be, or the public servant represents as being, within the official discretion of a public servant, in violation of a public duty, or in performance of a public duty.”  So, what this means is that it is illegal to give anything to a government official, or for a government official to accept anything, in order to get the official to do something they are authorized to do or imply they are authorized to do.  The official doesn’t actually have to able to do what is requested.  If the person believes they can act, it is sufficient. Violation of the law is a second-degree felony. 

While not often thought of, a reward or gift given to a government official for simply doing their job, falls under the same charge as bribery.  The same applies if they are rewarded for not doing their job or violating their obligations.  Basically, we don’t want our government officials to use their position as a way to enrich themselves past what they are legally allowed to receive.  Here is an exception to this rule: a public official may accept a reward for services provided in catching a criminal.   

Trying to get a public official to act in a certain way does not always require bribery or a reward; people try to influence government by threats as well, and this too is illegal.  If someone tries to influence the activity of a public servant by threatening harm to them or their family, it is a second-degree felony.

While the above statutes look at private citizens trying to influence public servants, but sometimes public servants do things on their own that destroy the concept of fairness.    When a public servant falsifies any record, or alters, conceals, destroys, or mutilates any official record or document or if the public servant obstructs, delays or prevents the communication of information relating to the commission of a felony that directly involves or affects the agency they serve, it isa third degree felony. 

Bribery is not limited to government officials. There is also a statute that prevent s bribery in sporting events.  We like to believe that sports are fair- that the winner is the athlete who trained harder or was just a little more fit.  But occasionally the result is due to a boxer taking a fall, or a team collapsing just a little too conveniently. If the outcome of sporting contests become questioned due to payoffs or other non-athletic influence, the impact on the national economy could be huge.  In 2010, sports made up 2.8% of the total national economy, totaling $414 billion and over 450,000 jobs. Any attempt to influence the outcome of a sporting event by bribing any referee, umpire, owner, manager, coach, trainer, team, induvial, participant or prospective participants a third-degree felony. The acceptance of the bribe is also a third-degree felony. 

Bribery can also affect anyone who has a statutory or common-law duty, such as an agent or employee of another; a trustee, guardian, or other fiduciary; a lawyer, physician, accountant, appraiser, or other professional adviser; an officer, director, partner, manager, or other participant in the direction of the affairs of an organization; or an arbitrator or other purportedly disinterested adjudicator or referee.  Bribing any of these people to influence how they carry-out their duties is deemed a commercial bribe and is a third-degree felony. 

Al Kelley has worked as an attorney in Key West for the last 31 years. He is the author of five law books available through Absolutely Amazing E-Books and the host of “Basics Of The Law”, a weekly YouTube channel. He also previously taught business law, personnel law, and labor law at St. Leo University. This article is being offered as a public service and is not intended to provide specific legal advice. If you have any questions about legal issues, you should confer with a licensed Florida attorney. 

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