Supreme Court Narrows Federal Bribery Statute That Applies to State and Local Officials
On June 26, 2024, the U.S. Supreme Court held 6-3 in Snyder v. United States that a federal statute, 18 U.S.C. § 666(a)(1)(B), does not criminalize “gratuities” to state and local officials—i.e., payments made to those officials after an official act as a reward or token of appreciation. To sustain a conviction under Section 666, federal prosecutors now must prove actual bribery, that is, a payment made or agreed to before an official act to influence a state or local official with respect to that future act . Snyder is the latest example in a series of Supreme Court decisions narrowing the application of federal statutes in criminal cases involving public officials. Nevertheless, compliance officials should not let down their guard. Today’s gratuity could later be perceived by federal law enforcement as a bribe if that payment is followed by an official act. This risk is especially present in repeat-player business relationships—such as those involving contract renewals or extensions—...