Substantive Offenses of the BRIBERY OR REWARD OF A BANK OFFICER 18 U.S.C.§ 215(A)(1)
Jurisdiction | United States |
Section | Substantive Offenses |
Notes | If there is a dispute as to whether the value exceeds $1,000 (felony), a lesser included misdemeanor instruction should be given. “The gravamen of the offense set forth in 18 U.S.C. § 215 is that a bank employee deliberately commit an unlawful act, or a lawful act by unlawful means, in connection with bank business intending to be rewarded for accomplishing this act.” United States v. Denny, 939 F.2d 1449, 1452 (10th Cir. 1991); see generally United States v. Tokoph, 514 F.2d 597, 604 (10th Cir. 1975) (“The guilt of the bank officer is an es- sential element in the crime of aiding and abetting a violation of § 215.”). Definition of the word “corruptly” is not contained in the statute itself. See United States v. Denny, 939 F.2d 1449, 1451 (10th Cir. 1991) (observing that “legislative history . . . incorporates the standard federal jury instruction, which defines the word “corruptly” as follows: An act is done “corruptly” under this bank bribery statute if it is performed voluntarily and deliberately and performed with the purpose of accomplishing either an unlawful end or result or accomplishing some otherwise lawful end or lawful result by any unlawful method or means”). |
103
2.15
SUBSTANTIVE OFFENSES
2.15
BRIBERY OR REWARD OF A BANK OFFICER
18 U.S.C. § 215(a)(1)
The defendant is charged in count ————— with a
violation of 18 U.S.C. section 215(a)(1).
This law makes it a crime to corruptly [give] [offer]
[promise] anything of value to any person, with the intent to
influence or reward an officer, director, employee, agent, or
attorney of a financial institution in connection with any
business or transaction of that financial institution.
To find the defendant guilty of this crime you must be
convinced that the government has proved each of the fol-
lowing beyond a reasonable doubt:
First: the defendant [gave] [offered] [promised] anything
of value in excess of $1,000 to [name of bank officer], and
Second: the defendant did so intentionally and with the
unlawful purpose to [influence] [reward] an [officer] [direc-
tor] [employee] [agent] [attorney] of a financial institution in
connection with any [business] [transaction] of that
institution.
Use Note
If there is a dispute as to whether the value exceeds $1,000 (felony),
a lesser included misdemeanor instruction should be given.
“The gravamen of the offense set forth in 18 U.S.C. § 215 is that a
bank employee deliberately commit an unlawful act, or a lawful act by
unlawful means, in connection with bank business intending to be
rewarded for accomplishing this act.” United States v. Denny, 939 F.2d
sential element in the crime of aiding and abetting a violation of § 215.”).
Definition of the word “corruptly” is not contained in the statute
itself. See United States v. Denny, 939 F.2d 1449, 1451 (10th Cir. 1991)
(observing that “legislative history . . . incorporates the standard federal
jury instruction, which defines the word “corruptly” as follows: An act is
done “corruptly” under this bank bribery statute if it is
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