5th Cir. Pattern Jury Instr. (Criminal) 2.33B

(SOLICITING A BRIBE)

18 U.S.C. § 666(a)(1)(B)

Title 18, United States Code, Section 666(a)(1)(B), makes it a crime for anyone who is an

agent of an organization, or of a State, local , or Indian tribal government, or any agency thereof,

that receives more than $10,000 in federal assistance, in any one year period, to corruptly solicit

or demand for the benefit of any person, or to accept or agree to accept anything of value from any

person, intending to be influenced or rewarded in connection with any business, transaction, or

series of transactions of such organization, government, or agency involving anything of value of

$5,000 or more.

For you to find the defendant guilty of this crime, you must be convinced that the

government has proved each of the following beyond a reasonable doubt:

First: That the defendant was an agent of _________________________ ( name of

organization, State, local, or Indian tribal government, or any agency thereof);

Second: That _________________________ (name of organization, State, local, or Indian

tribal government, or agency thereof ) was a[n] organization [State government] [local

government] [Indian tribal government] [any agency thereof] that received in any one-year period,

benefits in excess of $10,000 under a Federal program involving a grant [contract] [subsidy] [loan]

[guarantee] [insurance] [other form of Federal assistance];

Third: That the defendant corruptly solicited for the benefit of any person [demanded for

the benefit of any person] [accepted] [agreed to accept] _______________ ( describe thing of

value) from _______________ (name any person) with the intent to be influenced [rewarded] in

connection with any business [transaction] [series of transactions] of such _____________ (name

of organization, State, local, or Indian tribal government, or any agency thereof); and

Fourth: That the business [transaction] [series of transactions] involved anything of value

of $5,000 or more.

The term “agent” means a person authorized to act on behalf of another person or a

government and, in the case of an organization or government, includes a servant or employee,

and a partner, director, officer, manager, and representative.

[The term “government agency” means a subdivision of the executive, legislative, judicial,

or other branch of government, including a department, independent establishment, commission,

administration, authority, board, and bureau, and a corporation or other legal entity established,

and subject to control, by a government or governments for the execution of a governmental or

intergovernmental program.]

[The term “local” means of or pertaining to a political subdivision within a State.]

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[The term “State” includes a State of the United States, the District of Columbia, and any

commonwealth, territory, or possession of the United States.]

The term “in any one -year period” means a continuous period that commences no earlier

than twelve months before the commission of the offense or that ends no later than twelve months

after the commission of the offense. Such period may include time both be fore and after the

commission of the offense.

An act is “corruptly” done if it is done intentionally with an unlawful purpose.

The term “intent to be influenced or rewarded” means that the defendant must have had a

specific intent to act [refrain from acting] on a person ’s behalf in exchange for a thing of value

received from a person. This statute does not criminalize soliciting [demanding] [accepting]

[agreeing to accept] mere gratuities or gifts with no intent to act [refrain from acting] on a person’s

behalf in exchange for the thing of value. Bribery requires a quid pro quo—a specific intent to give

or receive something of value in exchange for an official act.

The word “value” means the face, par, market value, or cost price, either wholesale or

retail, whichever is greater.

It is not necessary for the government to prove that the defendant ’s conduct directly

affected the federal funds received by the agency under the federal program. However, there must

be some connection between the criminal conduct and the organization [State government] [local

government] [Indian tribal government] [any agency thereof] receiving federal assistance.

It is also not necessary for the government to prove that the defendant who solicited

[demanded] [accepted] [agreed to accept] the bribe benefitted from the bribe or that the bribe was

successfully obtained.

In determining whether the defendant is guilty of this offense , do not consider bona fide

salary, wages, fees, or other compensation paid, or expenses paid or reimbursed, in the usual course

of business.