United
States v. Contreras, 69 M.J. 120 (bribery and
graft are not purely
military offenses, where the MCM does not limit the application of
those
offenses to military members only, nor would anyone otherwise consider
them to
be purely military offenses despite the necessity of proving and
pleading that
the conduct was service discrediting or prejudicial to good order and
discipline).
United
States v. McCrimmon, 60 MJ 145 (at common law the
offense of
bribery was the giving of any valuable consideration or benefit to the
holder
of a public office, or to a person performing a public duty, or the
acceptance
thereof by such person, with the corrupt intention that he be
influenced
thereby in the discharge of his legal duty; simply stated, bribery is
the
corrupt payment or receipt of a private price for official action; the
focus of
the offense is to punish public corruption, and both the reciprocal
acts of
giving and receiving the bribe are punishable).
(bribery
is not
specifically enumerated in the UCMJ as a criminal offense, but is
punishable
under Article 134, UCMJ; from the language of the MCM, it is clear that
bribery
is employed as a generic term to cover two different offenses: (1)
giving or
offering a bribe, and (2) receiving or soliciting a bribe); two
important facets
of this offense are that both the giving and receiving of a bribe are
equally
punishable and that a specific corrupt intent to influence an official
action
is required).
(the
MCM states
the specific intent required to prove bribery by the bribee is the
intent to
have the accused’s decision or action influenced with respect to a
certain
matter; the plain words in the MCM require that the bribee act with the
intent
to have the bribe impact on and actually influence the decision or
actions of
the bribee; this Court has long recognized the necessity of the intent
element
to establish the offense of bribery -- that the bribee must receive the
money
with intent to influence his official action).
(in
graft, an
intent improperly to influence official action need not be alleged or
proved as
it must be in bribery; graft involves compensation for services
performed in an
official matter when no compensation is due; graft contemplates
personal
advantage or gain in a dishonest transaction in relation to public
duties;
graft is a lesser included offense of bribery).
(for
an accused
to be guilty of bribery, the record of trial must establish that he had
the
specific intent to have his decision or action influenced with respect
to a
certain official matter).