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2047. Sample Charging Language

INDICTMENT

Giving a Bribe (18 U.S.C. § 201(b)(1)):

"Beginning on or about (date) , and continuing thereafter through on or about (date) , in the District of (venue) , (name of defendant) , the defendant herein, did directly and indirectly, corruptly give, offer and promise a thing of value, that is (description of corpus of the bribe) to (name of recipient) , a public official, that is (recipient's job title or position) , with the intent to influence official acts, that is (description of official act defendant sought to be influence) , in violation of Section 201(b)(1) of Title 18, United States Code."

Receiving a Bribe (18 U.S.C. § 201(b)(2)):

"Beginning on or about (date) , and continuing thereafter through on or about (date) , in the District of (venue) , (name of defendant) , the defendant herein, being a public official, that is (defendant's job title or position) , did directly and indirectly corruptly demand, seek, receive, accept, and agree to receive and accept something of value, that is (description of the corpus of the bribe) , with the intent of being influenced in the performance of official acts, that is (description of official act influenced by bribe) , in violation of Section 201(b)(2) of Title 18, United States Code.

Giving a Gratuity (18 U.S.C. 201(c)(1)):

"Beginning on or about (date) , and continuing thereafter through on or about (date) , in the District of (venue) , (name of defendant) , the defendant herein, did directly and indirectly give, offer and promise a thing of value, that is (description of corpus of the gratuity) to (name of recipient), a public official, that is (recipient's title or job) , otherwise than provided for by law for the proper discharge of his/her official duties for and because of official acts performed or to be performed by the said (name of recipient) , that is (describe official act which gratuity sought to influence or reward) , in violation of Section 201(c)(1) of Title 18, United States Code.

Receiving a Gratuity (18 U.S.C. § 201(c)(2)):

"Beginning on or about (date) , and continuing thereafter through on or about (date) , in the District of (venue) , (name of defendant) , the defendant herein, being a public official, that is (defendant's job title or position) , otherwise than as provided for by law for the proper discharge of his/her official duties, did directly and indirectly demand, seek, receive, accept, and agree to receive and accept, something of value, that is (description of corpus of the gratuity) , for or because of an official act performed or to be performed by the said defendant, that is (description of official act for which the gratuity was made) , in violation of Section 201(c)(2) of Title 18, United States Code.

[cited in USAM 9-85.101]

Updated June 11, 2015