When Is a Gift a Bribe?

Businesses give gifts to associates and influential people as a regular part of operations; however, there is little that differentiates a gift from a bribe. In fact, some individuals and corporations have offered or received bribes without even realizing it! That’s why everyone should know when a gift becomes a bribe.

Definition of a Bribe

According to Colorado law, a bribe is when someone “agrees to accept any benefit as consideration for knowingly violating or agreeing to violate a duty of fidelity (defined as faithfulness to a person, cause, or belief, demonstrated by continuing loyalty and support.) to which he is subject as:

(a) Agent or employee; or

(b) Trustee, guardian, or other fiduciary; or

(c) Lawyer, physician, accountant, appraiser, or other professional adviser; or

(d) Officer, director, partner, manager, or other participant in the direction of the affairs of an incorporated or unincorporated association; or

(e) Duly elected or appointed representative or trustee of a labor organization or employee welfare trust fund; or

(f) Arbitrator or other purportedly disinterested adjudicator or referee.”

Therefore, a bribe is when a party offers a personal gift to another party to have them consider violating their vocational or legal responsibilities.

Common examples of bribes include:

  • Bribing government officials for permits or contracts;
  • Bribing judges or other authorities for favorable rulings;
  • Bribing a fiduciary to break the rules of a contract;
  • Bribing a professional adviser to receive a rating or requirement.

Have You Been Accused of Making or Receiving a Bribe?

If you were accused of making or receiving a bribe, it’s crucial you hire a trusted white-collar crimes lawyer for your case. Attorney Kevin Cahill has decades of award-winning experience defending clients from criminal accusations, and his representation is only a phone call away.

Call (720) 548-2990 now for a free consultation for your bribery charges.

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