Corrupt Intentions: Bribery, Unlawful Gratuity, and Honest-Services Fraud

Abstract:     
This Article develops an economic understanding of bribery, unlawful gratuity, and honest-services fraud offenses. Given the inherently transactional and private nature of these offenses, courts should elicit the parties’ intent from the economics of their exchange. When the exchange yields the parties a benefit not available on the open market, then - depending on the exchange’s particulars - it constitutes bribery, unlawful gratuity, or honest-services fraud. Based on this simple insight, I criticize the Supreme Court’s jurisprudence of criminal corruption.

Number of Pages in PDF File: 21

Keywords: criminal law, bribery, illegal gratuity, honest services fraud, corruption, economic analysis, economics

JEL Classification: K00, K14

Accepted Paper Series