Bribery requires intent "to influence" an official act or "to be influenced" in an official act, while illegal gratuity
requires only that the gratuity be given or accepted "for or because of" an official act....
The same conduct can be called receipt of an illegal gratuity
, bribery, extortion, or honest services mail fraud.
(19) Again, the crime applies to both sides of the transaction, and those who pay the gratuity are equally guilty.20 An illegal gratuity
is punished much less severely than a bribe; the maximum prison term is only two years.21
The criminal illegal gratuity
statute is violated when someone directly or indirectly gives, offers, or promises anything of value to a public official for or because of any official act.
According to The Associated Press, both men have pleaded innocent to one count each of conspiracy to offer illegal gratuities to a public official and paying an illegal gratuity
who had won the dual role of superstar and scapegoat." Walsh won convictions on three charges, including destruction and falsification of evidence and accepting an illegal gratuity
, but the jury acquitted North on nine others.