Commercial bribery
 | The examples and perspective in this article deal primarily with the United States and do not represent a worldwide view of the subject. (May 2020) |
Commercial bribery is a form of bribery which involves corrupt dealing with the agents or employees of potential buyers to secure an advantage over business competitors.[1] It is a form of corruption which does not necessarily involve government personnel or facilities.
One common type of commercial bribery is the
purchasing manager
of "Company B" a payment to his own account to help him secure a contract for Company B's continued business is engaging in a form of commercial bribery.
Other related offenses are
labor union officials, and bid rigging
in non-governmental contracts.
United States law
There is no
Federal court under the Travel Act.[10]
As the penalties under the federal statutes may exceed the state penalties, and the federal investigative and enforcement agencies may have superior resources, often federal prosecution is favored.
New York's law against commercial bribery is contained in Article 180 of the state's penal code.[11] It is one of the most extensive state laws against commercial bribery in the United States, and includes prohibitions against bribing labor officials, fixing sports contests, and rent gouging.
See also
References
- ^ Black's Law Dictionary 7th. ed. 1999, p. 187
- ^ "Federal Alcohol Administration Act provision 27 U.S. Code § 205".
- ^ 8 U.S.C. § 1101(a)(43)
- ^ "California Penal Code - PEN § 641.3 - FindLaw". Findlaw.
- ^ "DEL CODE § 881 : Delaware Code - Section 881: BRIBERY; CLASS A MISDEMEANOR". Findlaw.
- ^ "General Laws". malegislature.gov.
- ^ New Jersey General Assembly. "N.J.S.A. 2C:21-10". Statutes of New Jersey. New Jersey.
- ^ "TEX PE. CODE ANN. § 32.43 : Texas Statutes - Section 32.43: COMMERCIAL BRIBERY". Findlaw.
- ^ 18 U.S.C. § 1341 and 18 U.S.C. § 1343
- ^ Emmick, Mike (2012-02-01). "The Travel Act – The FCPA's red-haired stepchild". Thomson Reuters News and Insight. Thomson Reuters. Archived from the original on February 9, 2012.
- ^ "NY Code - Article 180: BRIBERY NOT INVOLVING PUBLIC SERVANTS, AND RELATED OFFENSES". Findlaw.