Page 11 - NovemberDecember24 Report

Expanded state and local anti-gra-
tuity laws and investigations will impact
the private sector. Many existing statutes
punish the person providing the gratuity,
not just the official receiving it. Private
individuals and entities who commonly
interact with public officials – including
government contractors, lobbyists, and
activists – must invest in compliance
efforts with existing and new anti-gratuity
laws. In other words, think twice before
sending that thank-you gift basket.
Snyder created arguments against
alleged violations of federal bribery laws
other than Section 666. For example, the
Foreign Corrupt Practices Act (“FCPA”)
prohibits certain persons and entities from
“corruptly” paying, promising to pay, or
authorizing payment of “any money, or
offer, gift, promise to give, or authoriza-
tion of the giving of anything of value” to
a foreign official to “influence” the foreign
official “in order to assist [the person] in
obtaining or retaining business for or with,
or directing business to, any person.”11
Few gratuity-theory prosecutions under
the FCPA exist.12 Snyder draws a bright
line as to Section 666, not the FCPA; but if
the FCPA is a “bribery statute” as Section
666 is, then Snyder could be expanded
to prohibit gratuity-theory prosecutions
under the FCPA as well.13 A similar argu-
ment exists for alleged violations of the
Travel Act, which generally prohibits
interstate travel to carry on “unlawful
activity,” which includes violation of a
state’s “bribery” laws.14
Conclusion
Snyder foreclosed gratuity-theory
prosecutions under Section 666. Instead,
Snyder endorsed state and local govern-
ments’ efforts to legislate and investigate
violations of state anti-gratuity laws. Busi-
nesses and individuals interacting with
state officials should invest in compliance
programs to avoid unwanted investigation
or prosecution. Snyder leaves arguments
open about the scope of other federal
bribery laws, like the FCPA. As always,
comprehensive compliance policies and
programs guard against investigations and
prosecutions for these types of offenses.
Sandlin is a Managing Associate in Thompson
Hine LLP’s White-Collar Criminal Defense and
Investigations. He defends clients against criminal
prosecutions of all kinds and develops, implements,
and investigates compliance programs.
1 No. 23-108, 603 U.S. ___ (2024) (“Snyder”).
2 Federal prosecutors charged Snyder with violating
other provisions of 18 U.S.C. § 666, but Snyder only
analyzed 18 U.S.C. § 666(a)(1)(B).
3 Section 666 also requires that the state, local, or tribal
official’s government or organization receives at least
$10,000 from federal programs annually. See 18 U.S.C.
666(b).
4 Snyder, slip op. p. 8.
5 Id. at p. 2.
6 Id. at p. 16.
7 See id. at pp. 2-3 (collecting statutes from various states
and localities).
8 See Gifts and Other Things of Value, Ohio Ethics Com-
mission (https://ethics.ohio.gov/education/factsheets/
GiftsandOtherThingsofValue.pdf); see also R.C. 102.01,
et seq.
9 See K.R.S. 6.751(1).
10 See Schickel v. Dilger, Case No. 2:15-cv-155, 2017 U.S.
Dist. LEXIS 86555, *21, 2017 WL 2464998 (E.D. Ky. June
6, 2017); see also Schickel v. Dilger, 925 F.3d 858, 881 (6th
Cir. 2019) (reversing the District Court’s holding that
KRS 6.751(2) is unconstitutionally vague).
11 15 U.S.C. § 78dd-1.
12 See, e.g., U.S. v. Seng, 934 F.3d 110, 116 (2d Cir. 2019)
(affirming a conviction under the FCPA for gratuities
and bribes).
13 See Snyder, slip op. p. 7 (describing Section 666 as “a
bribery statute and not a gratuities statute”).
14 18 U.S.C. § 1952.
ETHICAL
QUANDARY?
The CBA is proud to offer ethical
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attorneys through our Ethics
Committee's hotline.
November
Gregory S. French 513-641-4692
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to help you interpret your obligations under the Ohio
Rules of Professional Conduct. Questions posed
should be framed hypothetically and should relate
to your own prospective conduct. The committee
also accepts requests for written opinions.
Financial and estate planning can be challenging...
The Disability Foundation offers an alternative to disinheritance through three pooled trusts
available only to disabled residents of Ohio. These trusts allow individuals with disabilities to
buy the things they want and need, without worrying that their purchases might cause them
to lose their government benefits. We offer both first and third-party trusts.
Learn how we can assist your firm in setting up a Special Needs Trust.
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