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Form IndictmentOffer and Gift of Bribery and Graft Payments Affecting Employee Pension or Welfare Plan in the Private Sector -- (18 U.S.C. 1954)
THE GRAND JURY CHARGES:|
* 29 U.S.C. 1001-1169; see definitions at 29 U.S.C. 1002 and 1003; certain employee benefit plans are omitted from coverage including plans which federal or state governments fund or administer for their employees.
** The phrase "intent to influence" does not expressly appear in the statute. However, there is precedent for charging the offerer -- maker of a payment "prohibited by this section" in such terms. See United States v. Provenzano, 615 F.2d 37, 43-44 (2d Cir. 1980). But compare United States v. Boylan, 620 F.2d 359, 361-362 (2d Cir.1980), concerning the similar statutory construction in an analogous "bribery" statute. Although the "bribery," or "intent to be influenced" provision, has a more difficult burden of proof than the "graft," or "because of" provision, it carries no higher penalty. Omission of the "bribery" language should not affect the admissibility of evidence indicating a "quid pro quo" inasmuch as a connection between the prohibited payment and the recipient's actions affecting plan matters is required for "graft." See United States v. Soares, 998 F.2d 671, supra.
[cited in USAM 9-134.010]