CORE CRIMINAL LAW SUBJECTS: Crimes: Article 134 -- Bribery and Graft
2009 (SeptemberTerm)
UnitedStates v. Contreras, 69 M.J. 120 (bribery andgraft are not purelymilitary offenses, where the MCM does not limit the application ofthoseoffenses to military members only, nor would anyone otherwise considerthem tobe purely military offenses despite the necessity of proving andpleading thatthe conduct was service discrediting or prejudicial to good order anddiscipline).
2004
UnitedStates v. McCrimmon, 60 MJ 145 (at common law theoffense ofbribery was the giving of any valuable consideration or benefit to theholderof a public office, or to a person performing a public duty, or theacceptancethereof by such person, with the corrupt intention that he beinfluencedthereby in the discharge of his legal duty; simply stated, bribery isthecorrupt payment or receipt of a private price for official action; thefocus ofthe offense is to punish public corruption, and both the reciprocalacts ofgiving and receiving the bribe are punishable).
(briberyis notspecifically enumerated in the UCMJ as a criminal offense, but ispunishableunder Article 134, UCMJ; from the language of the MCM, it is clear thatbriberyis employed as a generic term to cover two different offenses: (1)giving oroffering a bribe, and (2) receiving or soliciting a bribe); twoimportant facetsof this offense are that both the giving and receiving of a bribe areequallypunishable and that a specific corrupt intent to influence an officialactionis required).
(theMCM statesthe specific intent required to prove bribery by the bribee is theintent tohave the accused’s decision or action influenced with respect to acertainmatter; the plain words in the MCM require that the bribee act with theintentto have the bribe impact on and actually influence the decision oractions ofthe bribee; this Court has long recognized the necessity of the intentelementto establish the offense of bribery -- that the bribee must receive themoneywith intent to influence his official action).
(ingraft, anintent improperly to influence official action need not be alleged orproved asit must be in bribery; graft involves compensation for servicesperformed in anofficial matter when no compensation is due; graft contemplatespersonaladvantage or gain in a dishonest transaction in relation to publicduties;graft is a lesser included offense of bribery).
(foran accusedto be guilty of bribery, the record of trial must establish that he hadthespecific intent to have his decision or action influenced with respectto acertain official matter).
(prosecutionforboth bribery and a larceny by falsely representing what the bribeeintends todo may be problematic when the two offenses are rooted in mutuallyinconsistentfindings).
