Bribery Defined
The most common form of corruption is bribery. In its simplest form, the term bribery means offering something enticing of value in exchange for the receipt of something in return, such as the swaying of someone's views, decisions, or opinions.
Bribery in the Workplace
Bribery in the workplace usually occurs when a person is trying to gain a business advantage. This can be for the person themselves or for the organization. It is important to be able to recognize a bribe if you receive one, as it can be presented in a way that is not immediately apparent. Money, gifts, gift cards, vacations, personal favors, and more can constitute bribery.
Active and Passive Bribery
A bribe involves two parties and each plays its own part in the act. The person paying the bribe is committing active bribery. The person receiving the bribe is committing passive bribery. Regardless of the part played, either party may be the one to initiate the bribe. Bribery convictions can involve steep monetary punishments and potential jail time.
Let's look at some other types of bribery.
Sporting bribery occurs when something of value is offered to a sporting official in exchange for their influence on a sporting event outcome. The penalty is dependent on the act of bribery and is punishable under Title 18 of the United States Code, Sect. 224.
According to the Bank Bribery Amendments Act of 1985, bank bribery occurs when an employee of a bank accepts anything other than their salary in exchange for business. This even includes a meal. The penalty for accepting bribes is dependent on the value but can include fines of 3x the value of the bribe, plus up to 30 years in prison
Bribery of a witness occurs when something of value is offered to a witness in exchange for altering their testimony. Similarly, bribery by a witness occurs when the witness themselves is demanding or accepting something of value. The penalty for the witness may be a fine of 3x the value of the bribe, plus up to 15 years in prison. The person offering the bribe will also be fined, plus receive up to 2 years in prison.
Bribery of a public official occurs when anyone acting in an official or public capacity is directly or indirectly offered something of value in exchange for their influence. Penalties can include a fine of 3x the value of the bribe, plus up to 15 years in prison. The public official may also be prohibited from holding government or political office.
A kickback is a negotiated bribe that involves payment of compensation, commonly in the form of money or a gift, in exchange for services received. The kickback is usually negotiated ahead of time and differs from other bribes in that it involves collusion (aka cooperation) between the two parties, versus one party extorting or coercing another.
Consequences of Bribery
There are many consequences that a business may face for bribery, but one of the most significant is a negative effect on employee morale. When a company participates in illegal bribes, it sends a message to employees that fair business practice is not important, and employees may feel that problems can only be solved with money and incentives versus working hard or trying to build better relationships.
What to do if offered a bribe
If you were offered a bribe at work, what would you do? Hopefully you won't ever experience someone trying to bribe you, but if it happens, remember these best practices:
Here are some myths to look out for:
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Report the incident immediately to your direct supervisor or to the person or department that handles legal or compliance issues.
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If someone offers you a bribe, avoid making any statements to them that could convey either acceptance or refusal of the request. Remain neutral in the discussion.
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Fully document the details of the incident.
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Do not discuss the incident with those who are outside of the investigative process.
Avoid Bribery in the Workplace with Prevention Training
Did you know that if you unintentionally accept a bribe, you could be found guilty in a U.S. court of law? Even if you are innocent, if a judge or jury believes that you intentionally violated a common-law duty or public servant responsibility, you could be held liable. With EasyLlama’s bribery prevention training, you and your employees will be well-informed about how to spot and avoid bribery in the workplace.
Helping over 8,000+ organizations create a safer, more inclusive company culture.
EasyLlama’s online training course guides learners understanding FCPA and other anti-bribery legislation. Organizations should prioritize minimizing corruption risks by implementing a comprehensive anti-corruption course. The course covers:
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