Can facilitating payments be considered a bribe?

On Behalf of | Jul 5, 2023 | Bribery

If you work for a business in California, you may be exposed to certain temptations. One of them may to be offer or receive a facilitating payment. This is a type of financial payment that may be considered a bribe. This payment may be offered to you in order to expedite an administrative process.

Why would a facilitating payment be offered>

There are many reasons why this type of bribery may become an issue at your workplace. This is a danger if you work at a public or government office. A bribe of this type may incentivize an official to approve or delay a certain action. This would be a result that benefits the person that offers the payment.

How are facilitating payments conducted?

Facilitating payments can offered in several ways. These payments may be expected by officials at a low level in the chain of command. They may be seeking to receive these payments to supplement their income. This is often done even when the service provided is one that the receiver is entitled to without payment.

While in some countries, this may be considered as part of doing business, this is not the case in the U.S. You have the right and duty to report any such offers that you receive.

Facilitating payments are illegal

In most countries, including the U.S., the act of offering a bribe is considered highly illegal. It can be met with severe fines, suspension from one’s duties, or prison time. The U.S. government makes only one exception in this case. This will apply if the payment furthers a routine action that is considered to be non-discretionary.

FindLaw Network
Gary Jay Kaufman
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