The line between a commercial bribe and a token of courtesy or appreciation could sometimes be a hard one to determine. In a private setting, sometimes, these tokens are expected and appreciated. However, employees actively seeking favors in exchange for an expected behavior to act in a certain way by tipping the scales to the clientâ€™s benefit could be considered commercial bribery. Thus, commercial bribery involves an assumption on the part of the donor and the donee that the other party has to act in a specific way upon receiving the sum.
Law against Commercial Bribery
Commercial bribery can occur within a private setting, between individuals or companies, or between a company and a government employee. The punishment varies for each kind of bribery. Just as theft could be classified as petty theft, which is a simple misdemeanor, and grand theft, which is a felony, bribery also has degrees of criminality depending on the intent, seriousness, and the sum involved. Smaller bribes are considered as wobbler criminal offenses and could be imposed a smaller penalty, whereas bribery involving federal government employees could result in a determinate sentence for either or both the parties involved. If there is a transaction across different states, federal criminal law is applicable. The federal law for bribery, according to the United States Code, Chapter 11, Section 208, states that the violation of section 208 can result in five years of prison and/or a fine of 50,000 or the amount that the person received, whichever is greater. Section 208 is applicable to federal employees involved in commercial bribery.
The Bribery Problem
A bribe is, by definition, an offer of something valuable, generally money, in order to circumvent the rules. This can easily lead to corruption if no preventive and retribution measures are taken. Corruption is the dishonest or illegal behavior of people in positions of authority, which is clearly bad for society. Bribery can happen in all kinds of settings where a typical exchange of money, goods, and services takes place. Commercial bribery is common for obvious reasons as the donor wants to avoid the competition of other individuals or firms by circumventing the rules. Misuse of public money by federal employees is usually considered a more serious kind of bribery as many people have some ownership of the resources that are being misused.
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