Is Influence Peddling a Crime in the United States?
Influence peddling, also known as corrupt influence or illegal gratuity, is the practice of offering or accepting bribes or other forms of corrupt payment in exchange for the use of one’s position or influence to shape or influence government decisions or policy. While the illegal exchange of money or gifts for official favors is considered corrupt and unethical, it is not always a straightforward answer to determine whether influence peddling is a crime in the United States. In this article, we will delve into the laws and regulations surrounding influence peddling in the US.
Is influence peddling a crime under federal law?
No, influence peddling is not explicitly defined or prohibited under federal law in the United States. The US Congress has enacted laws aimed at preventing corrupt influences in government, such as the Hobbs Act (18 USC § 1951), the Travel Act (18 USC § 1952), and the Foreign Corrupt Practices Act (15 USC § 78dd-1 et seq.). These laws prohibit various forms of corrupt influence, including bribery and illegal gratuities. However, they do not specifically target influence peddling as a distinct crime.
State laws
On the other hand, many state laws do prohibit influence peddling as a distinct crime. Some examples include:
- California Penal Code § 1173, which defines corrupt influence as "any promise, offer, or agreement, or any payment or offer of payment, of money, property, or any other thing of value" in exchange for a public official’s "improper performance" of duty.
- New York Penal Law § 70.00, which prohibits a person from "directly or indirectly" giving, receiving, or offering any bribe or other consideration for the performance of any public duty.
- Illinois Code § 33-6, which defines influence peddling as "giving, offering, or receiving any bribe or corrupt gift" to any state or local official or candidate.
FBI investigation and prosecution
Although there is no specific federal statute criminalizing influence peddling, the FBI has investigated and prosecuted cases involving corrupt influences, often under laws aimed at preventing bribery, embezzlement, and money laundering. The DOJ has also filed charges against individuals accused of engaging in influence peddling, often as part of larger corruption schemes.
Examples of influence peddling cases
Some notable cases of influence peddling in the United States include:
- Abdel Latif and Others: In 2013, six individuals were charged with corruptly influencing a city council member in California. They allegedly offered bribes in exchange for the official’s support for a construction project.
- Fulcrum Capital Partners: In 2014, two businessmen were charged with conspiracy and bribery for allegedly corruptly influencing a government official to secure a contract.
- Kadzik v. United States: In 2019, the Supreme Court upheld a lower court’s decision, which found that a businessman had engaged in corrupt influence by offering a government official a job in exchange for regulatory favors.
What are the consequences of influence peddling?
While there is no specific federal law criminalizing influence peddling, those accused of the crime can face severe consequences, including:
- Fines and imprisonment: State and federal laws can impose significant fines and imprisonment for corrupt influences.
- Lose credibility and reputation: Those accused of influence peddling may face damage to their reputation and credibility.
- Loss of business opportunities: Influential individuals or organizations found guilty of influence peddling may face legal penalties and reputational damage, ultimately impacting their business prospects.
- Restitution: In some cases, courts may order individuals accused of influence peddling to make restitution to the government or victims of their actions.
Conclusion
In conclusion, while there is no explicit federal law criminalizing influence peddling in the United States, many state laws prohibit the practice. Federal agencies, such as the FBI and DOJ, have investigated and prosecuted cases involving corrupt influences under other federal statutes. Those accused of influence peddling can face significant legal and reputational consequences.
Table: Influencing Peddling Laws in Select States
| State | Law | Penalty |
|---|---|---|
| California | PC § 1173 | Up to 2 years imprisonment, fine, or both |
| New York | PL § 70.00 | Up to 4 years imprisonment, fine, or both |
| Illinois | IC § 33-6 | Up to 10 years imprisonment, fine, or both |
Recommended Resources
- US Code Title 18: Crimes and Criminal Procedure
- California Penal Code
- New York Penal Law
- Illinois Code
- Federal Bureau of Investigation (FBI)
- United States Department of Justice (DOJ)
By examining the laws and regulations surrounding influence peddling in the United States, we can better understand the legal frameworks and consequences for those accused of this corrupt practice.
