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2007 Assessment

United States: Integrity Indicators Scorecard

United States: Integrity Scorecard Report > Sub-Category: Anti-Corruption Law
Indicators   Score
70 Is there legislation criminalizing corruption? 100

Indicator and sub-Indicator Details

70 Is there legislation criminalizing corruption?
 
  70a: In law, attempted corruption is illegal.
 
Score: YES  NO score
  Comments:

References: 18 U.S.C § 201 outlines proscriptions on corruption of public officials and witnesses.

Peer Review Comments: Does Sec. 201 specifically proscribe "attempted" corruption?

  70b: In law, extortion is illegal.
 
Score: YES  NO score
  Comments:

References: 18 U.S.C § 872 outlines proscriptions extortion by officers or employees of the United States.

  70c: In law, offering a bribe (i.e. active corruption) is illegal.
 
Score: YES  NO score
  Comments:

References: The Standards of Conduct state at 5 C.F.R. ' 2635.101(b)(11) that employees shall disclose waste, fraud, abuse, and corruption to appropriate authorities. Appropriate authorities for employees can include supervisors or appropriate investigative authorities such as an agency's Inspector General. Additionally, all executive branch agency heads are required, pursuant to 28 U.S.C. ' 535 (Attachment 18), to report to the U.S. Attorney General or his delegates any information, allegation, or complaint received in their respective agency regarding a violation of the U.S. criminal code by an executive branch officer or employee.

Peer Review Comments: I'm not sure that the information contained in the source section is on point. It seems to describe the obligation of employees to report corruption, not that offering a bribe is illegal, per se. Would citing 18 USC Sec. 201, as the researcher does elsewhere, be sufficient?

  70d: In law, receiving a bribe (i.e. passive corruption) is illegal.
 
Score: YES  NO score
  Comments:

References: 18 U.S.C § 201 outlines proscriptions on bribery of public officials and witnesses.

  70e: In law, bribing a foreign official is illegal.
 
Score: YES  NO score
  Comments:

References: The United States has signed and ratified both the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions and the Council of Europe Criminal Law Convention Against Corruption. U.S. Response to OAS Questionnaire.

Peer Review Comments: The Foreign Corrupt Practices Act should also be referenced: 15 U.S.C. §§ 78dd-1, et seq.

Peer Review Comments: Is the Foreign Corrupt Practices Act relevant here?

  70f: In law, using public resources for private gain is illegal.
 
Score: YES  NO score
  Comments:

References: Executive Order 12674 and modified in 1990 by Executive Order 12731 states 14 general principles that broadly define the obligations of public service. Underlying these 14 principles are two core concepts: employees shall not use public office for private gain, and employees shall act impartially and not give preferential treatment to any private organization or individual. [ LINK ]

  70g: In law, using confidential state information for private gain is illegal.
 
Score: YES  NO score
  Comments:

References: Section 101 (c) of Executive Order 12731 states that employees shall not engage in financial transactions using nonpublic Government information or allow the improper use of such information to further any private interest.

  70h: In law, money laundering is illegal.
 
Score: YES  NO score
  Comments:

References: 18 U.S.C § 1956 outlines proscriptions on laundering of monetary instruments.

  70i: In law, conspiracy to commit a crime (i.e. organized crime) is illegal.
 
Score: YES  NO score
  Comments:

References: 18 U.S.C § 371. outlines proscriptions on conspiracy to commit offense or to defraud United States.

Peer Review Comments: The Racketeer Influenced and Corrupt Organizations Act, and state laws, could be referenced here.

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