18 U.S.C. § 666 addresses specified theft and bribery involving agents of qualifying organizations or governments receiving federal benefits. The federal-funding and transaction thresholds are separate elements. [2]
Match the conduct to the subsection
The statute generally addresses an organization or government receiving more than $10,000 in federal benefits during the relevant one-year period, together with specified property or transaction values of at least $5,000. The prosecution must establish the applicable agency relationship and prohibited conduct. [2]
The Supreme Court’s Snyder decision distinguishes bribery from gratuities under § 666. A payment after an official act is not automatically outside the statute if it carries out an earlier corrupt bargain. [2]
Evaluate payment context
Identify who received the federal benefits, who acted as agent, what property or business was involved, and the alleged exchange. Ordinary compensation and bona fide reimbursement raise different questions from a corrupt agreement. [2]
The mere existence of federal funding does not transform every local impropriety into a § 666 violation. Analyze the actual elements and current controlling interpretation. [2]
Practical application
A payment made after a contract award can still evidence a bribe if it was part of an earlier corrupt exchange. Snyder’s gratuity distinction does not make timing alone conclusive. Examine communications and the alleged agreement, as well as the organization’s federal benefits and transaction value. Legitimate salary or reimbursement should be evaluated under the statutory exception rather than treated as suspicious solely because public money is involved. [2]
The two value requirements are independent
The more-than-$10,000 condition concerns federal benefits received by the organization or government during the statutory one-year period. The $5,000 condition concerns the property or covered transaction involved in the prohibited conduct. It is not a requirement that the alleged bribe itself be worth $5,000. The statute also defines agent broadly and excludes bona fide compensation and usual-course reimbursement under its terms. Map each alleged fact to its separate element. That avoids treating a grant amount, a payment amount, and a contract value as though they were the same threshold. [1] [2]
Related questions
Related guidance: Procurement Integrity Act: Current Statutory Rules and federal false-claims charges.
Primary sources
Sources checked: October 31, 2026.