Transmittal
ETHICS AND COMPLIANCE SCENARIO 3
THE DIFFERENCE BETWEEN A ‘GIFT’ AND A ‘BRIBE’
Question:
(a) Several times a year, office and warehouse personnel are sent “gifts” from vendors.
(b) What is the difference between a “gift” and a “bribe”?
* * *
Answer:
(a) The answer to this item is not so ‘clear cut’. While a ‘gift’ may not rise to the level of a kickback, if the ‘gift’ was given with the intent of influencing the Contractor to use the vendor’s services on the federal contract in question - - it would then be illegal.
(b) While the words ‘gift’ and ‘bribe’ may seem rather ‘simple’ and obvious to most of us, in business – accepting one or the other (sometimes without even knowing it) - could cost a company millions.
The definition of ‘bribe’ and ‘gift’ is as follows:
Gift: Something of value given without the expectation of return Bribe: Something of value given with the hope of a future influence or benefit
Gifts and bribes can be money or actual items such as tickets to a sporting event, rounds of golf or meals.
When a ‘gift’ is given or accepted – regardless of the intention of the gift-giver - it can give the wrong impression and the ‘appearance’ that whatever has transpired is not on the ‘up and up’. In other words, what may have been an innocent gesture – could be interpreted as just the opposite and can blur the lines of integrity, fairness and trust.
Depending on whether you do business solely in the private sector, with state, local or federal governments or internationally – the importance of how your company chooses to manage this subject will prove important.
Gifts and Bribes and Doing Business with State, Local and Government Employees and Officials
In the context of contracting with the government, a ‘bribe’ is the offering, giving, receiving or soliciting something of value for the purpose of influencing the actions of an official in the discharge of his or her public or legal
THE DIFFERENCE BETWEEN A ‘GIFT’ AND A ‘BRIBE’
Question:
(a) Several times a year, office and warehouse personnel are sent “gifts” from vendors.
(b) What is the difference between a “gift” and a “bribe”?
* * *
Answer:
(a) The answer to this item is not so ‘clear cut’. While a ‘gift’ may not rise to the level of a kickback, if the ‘gift’ was given with the intent of influencing the Contractor to use the vendor’s services on the federal contract in question - - it would then be illegal.
(b) While the words ‘gift’ and ‘bribe’ may seem rather ‘simple’ and obvious to most of us, in business – accepting one or the other (sometimes without even knowing it) - could cost a company millions.
The definition of ‘bribe’ and ‘gift’ is as follows:
Gift: Something of value given without the expectation of return Bribe: Something of value given with the hope of a future influence or benefit
Gifts and bribes can be money or actual items such as tickets to a sporting event, rounds of golf or meals.
When a ‘gift’ is given or accepted – regardless of the intention of the gift-giver - it can give the wrong impression and the ‘appearance’ that whatever has transpired is not on the ‘up and up’. In other words, what may have been an innocent gesture – could be interpreted as just the opposite and can blur the lines of integrity, fairness and trust.
Depending on whether you do business solely in the private sector, with state, local or federal governments or internationally – the importance of how your company chooses to manage this subject will prove important.
Gifts and Bribes and Doing Business with State, Local and Government Employees and Officials
In the context of contracting with the government, a ‘bribe’ is the offering, giving, receiving or soliciting something of value for the purpose of influencing the actions of an official in the discharge of his or her public or legal