18 U.S.C. 201 distinguishes federal bribery from illegal gratuities and also addresses witness payments. Bribery requires the statutory corrupt exchange; an expensive gift alone does not settle every element. An official-act theory must identify a qualifying governmental question or matter. [1]
Elements and penalties
Bribery under subsection (b) can carry fifteen years, a fine under federal fine rules or up to three times the thing of value, whichever is greater, and disqualification. [2] Subsection (c) gratuity offenses generally carry two years. The narrower official-act rule does not eliminate other statutory theories, ethics rules, or state bribery laws. [1]
Section 201(d) protects lawful witness fees, reasonable travel and subsistence, reasonable value of lost attendance time, and reasonable expert fees under its conditions. Those permitted payments differ from paying for favorable or absent testimony. On the official-act theory, identify the particular governmental question or matter and the alleged decision or action; merely arranging access does not itself resolve the statutory inquiry. [1]
What to examine in the actual case
- Determine whether the charge concerns bribery, a gratuity, or witness compensation.
- Identify the alleged exchange and official act where that theory requires one.
- Separate lawful witness expense reimbursement from compensation allegedly tied to testimony or absence.
Practical example
Paying for an official’s specific favorable decision raises a different issue from ordinary hospitality with no proven exchange. Neither label substitutes for evidence of the statutory elements.
For related situations, see federal employee compensation restrictions and federal civil-service hiring authority.
Primary sources
Sources checked: October 31, 2026.