Federal bribery and public corruption charges

What does the law make illegal?

Bribery of federal officials, 18 U.S.C. § 201(b)

It is a crime to corruptly give, offer or promise anything of value to a federal public official with intent to influence an official act, to get the official to help commit a fraud on the United States, or to get the official to break a lawful duty. It is equally a crime for the official to corruptly demand, seek, receive, accept or agree to accept anything of value in return for being influenced in that way (18 U.S.C. § 201(b)(1), (2)). A "public official" includes members of Congress, federal officers and employees, anyone acting on behalf of the United States in an official function, and jurors (§ 201(a)(1)). The same section covers bribing a witness about testimony (§ 201(b)(3), (4)).

What counts as an "official act"

An "official act" is a decision or action on a "question, matter, cause, suit, proceeding or controversy" that is pending, or may by law be brought, before a public official (§ 201(a)(3)). In McDonnell v. United States, 579 U.S. 550 (2016), the Supreme Court held that the matter must involve a formal exercise of governmental power and be specific and focused, and that the official must make a decision or take an action on it, or agree to. Setting up a meeting, talking to another official or hosting an event, without more, is not an official act. Using the position to pressure or advise another official, knowing or intending that the advice will form the basis for an official act, can be. The parties in McDonnell had agreed to use the § 201 definition for honest-services fraud and Hobbs Act extortion, so the ruling matters for those charges too.

Illegal gratuities, 18 U.S.C. § 201(c)

A gratuity is a payment "for or because of" an official act, such as a reward after the fact, without the up-front exchange a bribe requires. Section 201(c)(1) makes it a crime to give, or for a current, former or future federal official to take, anything of value for or because of an official act, other than as provided by law (18 U.S.C. § 201(c)). The government must prove a link between the thing of value and a specific official act (United States v. Sun-Diamond Growers of California, 526 U.S. 398 (1999)).

Programs receiving federal funds, 18 U.S.C. § 666

Section 666 reaches agents of a state, local or Indian tribal government, or of any organization, when that government or organization receives more than $10,000 in federal benefits in a one-year period (18 U.S.C. § 666(b)). It is a crime for the agent to corruptly solicit, demand, accept or agree to accept anything of value, intending to be influenced or rewarded in connection with business or transactions of $5,000 or more (§ 666(a)(1)(B)), and for anyone to corruptly give, offer or agree to give anything of value with that intent (§ 666(a)(2)). Normal salary, wages and expenses paid in the usual course of business are excluded (§ 666(c)).

In Snyder v. United States, 603 U.S. 1 (2024), the Supreme Court held that § 666 covers bribes to state and local officials but does not make it a crime for them to accept gratuities for acts they have already taken. A payment after the fact, without an earlier agreement, is outside § 666. Theft and embezzlement under § 666(a)(1)(A) are covered on our embezzlement and theft page.

Honest-services fraud, 18 U.S.C. §§ 1341, 1343 and 1346

The mail and wire fraud statutes cover a scheme "to deprive another of the intangible right of honest services" (18 U.S.C. § 1346). In Skilling v. United States, 561 U.S. 358 (2010), the Supreme Court limited this to bribery and kickback schemes, rejecting its use for undisclosed self-dealing or conflicts of interest. In Percoco v. United States, 598 U.S. 319 (2023), the Court held it was error to tell a jury that a private citizen owes the public a duty of honest services whenever he dominates and controls government business, because that standard is too vague. Wire fraud carries up to 20 years (18 U.S.C. § 1343); see our wire fraud and mail fraud page.

Extortion under color of official right, 18 U.S.C. § 1951

The Hobbs Act defines extortion to include obtaining property from another, with consent, "under color of official right" (18 U.S.C. § 1951(b)(2)). In Evans v. United States, 504 U.S. 255 (1992), the Supreme Court held that the official does not have to demand or induce the payment: the government must show that a public official obtained a payment he was not entitled to, knowing it was made in return for official acts. It applies to state and local officials as well as federal ones, and the offense must obstruct, delay or affect interstate commerce. The maximum is 20 years. Hobbs Act robbery is covered on our robbery page.

Bribery of foreign officials

Paying bribes to foreign officials is charged under the Foreign Corrupt Practices Act. A separate law now makes it a federal crime for a foreign official to corruptly demand or accept a bribe from a U.S. citizen, resident or company, a securities issuer, or any person while the official is in the United States, in connection with getting or keeping business (18 U.S.C. § 1352, as amended by Pub. L. 118-78 (2024)).

What are the penalties?

• Mandatory minimum: none for these offenses.
• Fines: up to $250,000 for a person or $500,000 for an organization, or twice the gross gain or loss (18 U.S.C. § 3571). Under § 201(b), the fine can be three times the value of the thing given if that is greater.
• Supervised release: up to 3 years for the 10-, 15- and 20-year offenses, and up to 1 year for a § 201(c) gratuity (18 U.S.C. §§ 3559(a), 3583(b)).
• Time limit: generally 5 years from the offense (18 U.S.C. § 3282).
• Other consequences: loss of public office or employment, pensions and professional licenses can be at stake, depending on the job and the rules that govern it.

How does sentencing work for this charge?

Bribery, honest-services fraud involving a public official, and extortion under color of official right are sentenced under USSG §2C1.1. Gratuities are sentenced under USSG §2C1.2.

Under §2C1.1, if the bribe was meant to help commit another crime, the court uses the guideline for a conspiracy to commit that crime when that is higher, and if it was meant to hide another crime or obstruct justice, the accessory-after-the-fact or obstruction guideline (§2C1.1(c)). The increase for abuse of a position of trust (USSG §3B1.3) is not applied with §2C1.1 or §2C1.2 (§2C1.1, Application Note 6; §2C1.2, Application Note 4). A timely guilty plea usually earns 2 or 3 levels off (USSG §3E1.1).

Pending at the Supreme Court. In Beaird v. United States, No. 25-5343, set for argument on October 13, 2026, the Court agreed to decide whether Stinson v. United States (1993) still states the rule for how much weight courts must give the Guidelines’ commentary, the notes that follow each guideline. The answer could affect rules on this page that come from commentary rather than from the guideline text itself.

Guideline numbers on this page are from the Guidelines Manual in effect since November 1, 2025, which no longer uses “departures”: the judge calculates the range, then weighs the factors in 18 U.S.C. § 3553(a). For more depth, see How the federal Sentencing Guidelines work, at Sentencing.net, a Criminal Center site.

Statutes covered on this page

Each federal law this page covers, listed by how often it was a statute of conviction in fiscal year 2025 (U.S. Sentencing Commission data). For each one: the official section heading, what the government must prove, the penalties, and the sentencing guideline the Commission's Statutory Index assigns to it. See all statutes by title and section.

• 18 U.S.C. § 666(a)(1)(B)
• 18 U.S.C. § 201(b)
• 18 U.S.C. § 666(a)(2)
• 18 U.S.C. § 201(c)

How do these cases usually start and move?

Corruption cases are often long, quiet investigations by the FBI or an agency inspector general, sometimes using cooperating witnesses, recorded calls, undercover payments, bank records and grand jury subpoenas. The Justice Department's Public Integrity Section or the local U.S. Attorney's Office may bring the case. Many people first learn of an investigation from a subpoena, a search warrant, or a visit from agents.

What to do now

• If agents ask to talk, it is generally wise to speak with a lawyer first. Statements in these interviews are often the evidence, and a false statement can become a separate charge under 18 U.S.C. § 1001.
• Keep records as they are. Deleting messages or changing documents after learning of an investigation can be charged as obstruction.
• A target letter or grand jury subpoena has deadlines. Note the dates and get advice before responding (Justice Manual 9-11.151).

The usual stages of a federal case

1. 1Investigation. Agents gather records and interview witnesses, often using grand jury subpoenas. Someone the prosecutor views as a "target" may get a target letter before an indictment (Justice Manual 9-11.151, 9-11.153).
2. 2Charges. A federal felony is usually charged by indictment: a grand jury decides in private whether there is probable cause (Fed. R. Crim. P. 6, 7). Some cases start with an arrest on a criminal complaint.
3. 3First appearance and detention. After an arrest, the person goes before a magistrate judge without unnecessary delay (Fed. R. Crim. P. 5). The judge decides whether they are released or held until trial (18 U.S.C. § 3142).
4. 4Evidence and motions. The government must turn over certain evidence (Fed. R. Crim. P. 16). The defense can ask the court to suppress evidence or dismiss charges (Fed. R. Crim. P. 12).
5. 5Plea or trial. Many federal cases end in a guilty plea, which the judge must find knowing and voluntary (Fed. R. Crim. P. 11). At trial, the government must prove every element beyond a reasonable doubt, and a jury verdict must be unanimous (Fed. R. Crim. P. 31(a)).
6. 6Sentencing. A probation officer writes a presentence report, and each side can object in writing within 14 days of receiving it (Fed. R. Crim. P. 32). The judge then decides the sentence under 18 U.S.C. § 3553(a).

More on what to do at each stage: Facing federal charges? What to do now.

What defense issues come up in these cases?

• Was there a quid pro quo? Bribery requires an exchange, agreed to before the act. A gift with no agreement, or goodwill gestures, may not be enough.
• Was there an official act? After McDonnell, meetings, calls and events, without more, are not official acts. What decision or action did the official take, or agree to take?
• Gratuity or bribe? Under Snyder, a payment after the fact is outside § 666, and under Sun-Diamond, a § 201(c) gratuity must be tied to a specific official act.
• Honest-services limits. Does the theory fit the bribe-and-kickback core Skilling allowed? For a private person, does Percoco bar the theory the government is using?
• Jurisdictional facts. For § 666, did the government or organization actually receive more than $10,000 in federal benefits in the right one-year window, and was the transaction worth $5,000 or more? For the Hobbs Act, is there an effect on commerce?
• Campaign contributions and lawful payments. Was the payment a lawful contribution, salary, or reimbursement that the law treats differently?
• Value for sentencing. The guideline range turns on the value of the payment or the benefit in return. How that benefit is measured can change the range a great deal.

Every case turns on its own facts. These are issues to look at, not predictions about how any case will turn out.

What happens after a conviction?

• Appeal. A notice of appeal is usually due within 14 days after the judgment is entered (Fed. R. App. P. 4(b)(1)(A)). Many plea agreements waive the right to appeal, but in Hunter v. United States (2026) the Supreme Court held that a waiver can’t be enforced when doing so would cause a miscarriage of justice, a high bar. See how federal criminal appeals work and federal appeals at Sentencing.net.
• A § 2255 motion. A motion asking the sentencing court to vacate, set aside or correct the sentence, for example for ineffective assistance of counsel. It is usually due within one year after the conviction becomes final (28 U.S.C. § 2255(f)). See 2255motion.com.
• Compassionate release. A motion asking the judge to reduce a prison sentence for extraordinary and compelling reasons, filed after the person asks the warden and either exhausts BOP appeals or waits 30 days (18 U.S.C. § 3582(c)(1)(A)). It can’t be used to attack the validity of the conviction itself (Fernandez v. United States (2026)). See CompassionateRelease.com.
• Clemency. The President can pardon a federal offense or commute (shorten) a federal sentence (U.S. Const. art. II, § 2). See Clemency.com.