Bribery and Unlawful Inducements

The law applies to a wide range of individuals and entities involved in the public sector or attempting to influence it. This includes:

• Employees and officers of the D.C. government, agencies, and instrumentalities.
• Officials from publicly funded educational institutions.
• Members of public boards and commissions, regardless of compensation.
• Private individuals temporarily performing government duties (e.g., consultants or contractors).
• Anyone offering or giving a benefit to a public servant in connection with their duties.

By including a broad scope of actors, the law aims to close loopholes where improper influence concerning bribery and unlawful inducements might otherwise go unregulated. This expansive coverage ensures the ethical integrity of all governmental functions in the District, focusing particularly on preventing conflicts of interest.

The D.C. Board of Ethics and Government Accountability (BEGA) may impose civil fines for violations such as:

• Accepting or requesting a gift, meal, or payment that may influence official duties.
• Engaging in lobbying without proper registration or disclosure.
• Failing to report known violations.

Civil penalties typically range from "$1,000 to $25,000" per offense, depending on the severity and position of the offender. These sanctions are often administrative in nature and focus on violations of ethical standards rather than outright criminal intent regarding bribery.

Criminal sanctions apply in more severe or intentional cases of bribery and unlawful inducements. Key statutes include:

Bribery (D.C. Code §22–712): Up to 10 years in prison and fines up to 25,000. This offense requires a specific intent to corruptly influence an official act before the act is carried out.

Gratuities (D.C. Code §22–713): Accepting a benefit for an official act can result in up to 2 years imprisonment or a fine up to 5,000. Unlike bribery, a gratuity is given after an action but is still prohibited as it can affect future decisions by creating an expectation of reward.

Failure to Report (D.C. Code§ 22–716): A knowing failure to report bribery may lead to misdemeanor charges and fines.

These provisions distinguish between active bribery (requesting or receiving a bribe) and passive acceptance (such as failure to report when aware of misconduct), each carrying distinct criminal penalties under D.C. law.

The process for reporting potential cases of bribery and improper solicitation is straightforward:

• Submit a Report: Include your name, contact information (optional), details of the incident, and supporting evidence to BEGA. The more specific the details of the alleged improper solicitation, the quicker the investigation can proceed.
• Agency Review: BEGA reviews the complaint. If credible, they initiate a formal investigation or refer the case to the Office of the Inspector General or Attorney General. Cases that suggest clear criminal intent are typically fast-tracked for referral.
• Outcome Notification: Once the process concludes, the reporting party (if known) is notified of the result. Penalties or disciplinary actions follow if warranted, demonstrating the District's commitment to combating bribery.

All reports can be made anonymously, though providing identity may facilitate further inquiry and speed up the investigation into the alleged misconduct or improper solicitation.

To ensure full compliance and avoid the penalties for bribery and unlawful inducements, public officials should proactively utilize the following risk-avoidance measures:

• Avoid receiving anything of value from external vendors or private actors whose interests may intersect with official duties. This is the simplest way to prevent the appearance of bribery.
• Decline invitations to private events unless they are clearly open to the general public or have been approved by the appropriate ethics officer. Such events can often be construed as a form of unlawful inducement.
• Disclose all offers, even those perceived as harmless, to an immediate supervisor or the ethics board. Transparency is a key component of D.C.'s ethics requirements.
• Maintain written records of gifts, meals, or sponsorships over "$20" to document proper compliance procedures. This paper trail can serve as evidence of intent to comply with regulations regarding bribery.
• Seek internal legal counsel or compliance office guidance immediately when in doubt about the propriety of any offer or solicitation.

The D.C. government has also implemented mandatory ethics training for all new public employees to reinforce understanding of these boundaries and to mitigate the risk of accidental bribery or improper solicitation violations.