Two statutes do most of the work in federal public corruption cases, and they reach different people. 18 U.S.C. § 201 addresses bribery of public officials and witnesses, corruptly giving, offering or promising anything of value to a public official. 18 U.S.C. § 666 reaches agents of organizations and of State, local and tribal governments that receive federal funds, which is how contractors, grant recipients and non-profits come within federal jurisdiction without being government bodies themselves.
Waxman Litigation acts for companies and their boards. Seth B. Waxman spent 13 years as an Assistant United States Attorney in the District of Columbia, roughly eight of them on fraud and public corruption.
§ 201 — bribery of public officials
Section 201 reaches anyone who corruptly gives, offers or promises anything of value to a public official with intent to influence an official act.
(b) Whoever— (1) directly or indirectly, corruptly gives, offers or promises anything of value to any public official or person who has been selected to be a public official , or offers or promises any public official or any person who has been selected to be a public official to give anything of value to any other person or entity, with intent— (A) to influence any official act ; or (B) to influence such public official or person who has been selected to be a public official to commit or aid in committing, or collude in, or allow, any fraud, or make opportunity for the commission of any fraud, on the United States; or (C) to induce such public official or such person who has been selected to be a public official to do or omit to do any act in violation of the lawful duty of such official or person; (2) being a public official or person selected to be a public official , directly or indi
18 U.S.C. § 201§ 666 — theft or bribery concerning programs receiving federal funds
Section 666 reaches agents of organizations and of State, local or tribal governments that receive federal funds, covering embezzlement or misapplication of property worth $5,000 or more.
(a) Whoever, if the circumstance described in subsection (b) of this section exists— (1) being an agent of an organization, or of a State, local, or Indian tribal government, or any agency thereof— (A) embezzles, steals, obtains by fraud, or otherwise without authority knowingly converts to the use of any person other than the rightful owner or intentionally misapplies, property that— (i) is valued at $5,000 or more, and (ii) is owned by, or is under the care, custody, or control of such organization, government, or agency; or (B) corruptly solicits or demands for the benefit of any person, or accepts or agrees to accept, anything of value from any person, intending to be influenced or rewarded in connection with any business, transaction, or series of transactions of such organization, government, or agency involving any thing of value of $5,000 or more; or (2) corruptly gives, offers,
18 U.S.C. § 666⭐ § 666 is the reason a private organization can face a federal corruption charge: it turns on the receipt of federal program funds, not on being a government entity.
Why this arises so often in the District
Washington is where federal agencies, contractors, grant recipients and advocacy organizations meet, and where the U.S. Attorney’s Office for the District of Columbia has long prosecuted public corruption. Seth B. Waxman spent roughly eight of his thirteen years in that office on fraud and public corruption matters.
Investigations in this area commonly involve grand jury subpoenas and, where documents are at issue, exposure under 18 U.S.C. § 1519.
What are the maximum penalties in a federal public corruption case?
Federal public corruption charges are not one offense but several, and the maximum term turns on which one the government brings. Bribery under § 201(b) requires a corrupt intent to influence an official act; an illegal gratuity under § 201(c) does not, and carries a far shorter maximum. The table sets the provisions side by side.
| Provision | Official heading | Maximum term |
|---|---|---|
| 18 U.S.C. § 201(b) | Bribery of public officials and witnesses — bribery | 15 years |
| 18 U.S.C. § 201(c) | Bribery of public officials and witnesses — illegal gratuity | 2 years |
| 18 U.S.C. § 666 | Theft or bribery concerning programs receiving Federal funds | 10 years |
| 18 U.S.C. § 1001 | Statements or entries generally | 5 years (8 if terrorism-related) |
| 18 U.S.C. § 1519 | Destruction, alteration, or falsification of records in Federal investigations | 20 years |
Frequently asked questions
Do we have to be a government body to face a § 666 charge?
No, a private organization can fall within the section. It concerns agents of organizations and of governments that receive federal program funds. See § 666.
Is a gift a bribe?
A gift becomes a bribe when there is corrupt intent and a connection to an official act. That is what § 201 turns on, and whether particular conduct meets the standard is fact-specific.
What if the payment was lawful lobbying?
The line between lawful advocacy and unlawful conduct is exactly what these investigations examine, and it should be assessed on the facts with counsel.
Who investigates these cases in DC?
Public corruption matters in the District are commonly handled by the U.S. Attorney’s Office for the District of Columbia, with federal investigative agencies.
When can a § 666 charge be brought against a private organization?
Once the federal funding threshold is met. 18 U.S.C. § 666(b) supplies the circumstance: the organization, government or agency must receive, in any one-year period, benefits in excess of $10,000 under a federal program involving a grant, contract, subsidy, loan, guarantee, insurance or other form of federal assistance.
Where does the District of Columbia fit in the federal bribery statute?
The District sits squarely inside it. The definition of “public official” covers an officer, employee or person acting for or on behalf of the United States or any department, agency or branch of Government thereof, expressly including the District of Columbia. District officials, and those dealing with them, are within the federal statute. See 18 U.S.C. § 201(a)(1).
How does the statute separate a lawful payment from a corrupt one?
By an express carve-out and an intent element. 18 U.S.C. § 666(c) states that the section does not apply to bona fide salary, wages, fees or other compensation paid, or expenses paid or reimbursed, in the usual course of business — and what remains must be given or accepted corruptly, with intent to influence or reward.
Sources and legal authorities
General information about federal law, not legal advice, and not a prediction of any outcome. Federal criminal exposure turns on facts this page cannot assess. If your company has been contacted by investigators or has received a subpoena, take advice before gathering documents or interviewing staff.
Related: White-Collar Defense · Government Contracting Fraud · False Statements & Obstruction · Internal Investigations. Call (301) 901-3109 or use the contact page.