Bribery is the offering, giving, soliciting, or receiving of something of value in order to influence the actions of a person who holds a public or legal duty (often someone in public office or government). To prove the crime of bribery, the prosecution must demonstrate that there was a quid pro quo exchange in which the recipient (public official) changed or altered his behavior in exchange for the gift (bribe). The quid pro quo relationship between the gift given and the action taken must be clear and direct. For this reason, campaign donations to political candidates generally do not constitute bribery.
In Massachusetts, bribery is addressed under both state law and federal law. State statutes, such as Massachusetts General Laws Chapter 268A, prohibit public officials from soliciting or accepting bribes, which are defined as anything of substantial value given with the intent to influence an official act. The law requires clear evidence of a quid pro quo arrangement, where there is a direct exchange of the bribe for an official action. Federal laws, such as the Hobbs Act and the Federal Program Bribery statute, also apply and make it illegal for public officials to accept bribes in exchange for official acts. These laws are enforced by federal agencies like the FBI and the Department of Justice. In both state and federal cases, proving bribery requires demonstrating the corrupt intent and the clear, direct exchange between the gift offered and the action taken by the public official. Campaign contributions are generally not considered bribery unless they are made with the explicit and corrupt agreement that the public official will perform or not perform an official act in return for the contribution.