 | The examples and perspective in this articledeal primarily with the United States and do not represent aworldwide view of the subject. You mayimprove this article, discuss the issue on thetalk page, orcreate a new article, as appropriate.(May 2020) (Learn how and when to remove this message) |
Commercial bribery is a form ofbribery which involves corrupt dealing with the agents or employees of potential buyers to secure an advantage over business competitors.[1] It is a form ofcorruption which does not necessarily involve government personnel or facilities.
One common type of commercial bribery is thekickback. For example, a seller of goods or services from "Company A" who offers thepurchasing manager of "Company B" a payment to his own account to help him secure a contract for Company B's continued business is engaging in a form of commercial bribery.
Other related offenses arepayola in theentertainment industry,match fixing in sports, corruption oflabor union officials, andbid rigging in non-governmental contracts.
There is nofederal statute that by its terms expressly prohibits commercial bribery generally though it is mentioned as part of the definition ofaggravated felony for the purposes ofUS immigration law and is prohibited to induce sales of alcoholic beverages through commercial bribery.[2][3] It is usually punishable as afelony understate law, depending on circumstances, but only 36 states have laws specifically prohibiting commercial bribery. Among them areCalifornia,[4]Delaware,[5]Massachusetts,[6]New Jersey,[7]New York,Texas,[8] andWashington.[9] However, the federalmail and wire fraud statutes[10] can be used to prosecute commercial bribery as a "scheme or artifice to defraud" if the mail or interstate wire facilities are used. In addition, use of the mails or interstate travel or communication in furtherance of a violation of state commercial bribery laws may be prosecutable inFederal court under theTravel Act.[11] As the penalties under the federal statutes may exceed the state penalties, and the federal investigative and enforcement agencies may have superior resources, often federal prosecution is favored.
New York's law against commercial bribery is contained in Article 180 of the state's penal code.[12] It is one of the most extensive state laws against commercial bribery in the United States, and includes prohibitions against bribing labor officials, fixing sports contests, and rent gouging.