Bribery What Is the Difference Between Lobbying

Bribery

What is the difference between lobbying and bribery?

The major difference between lobbying and bribery is that the latter is considered a criminal activity which can lead to massive fines or even jail time depending on the nature and degree of the offense. Lobbying on the other hand is considered legal. Interest groups wish to gain the attention and support of politicians or influential groups, such as the International Olympics Committee or IOC. There is supposed to be a legally determined limit as to the number and value of the contributions that are made by the interest group to those making decisions. Also, any and all contributions must be recorded and reviewed to make sure they are done legitimately. Bribery has none of these sanctions and thus ensures that the person with the deepest pockets is the one who is heard by politicians.

What argument could the SLOC members make that the payments made do not fit the definition of an illegal bribe (under the FCPA)?

There are several arguments that the SLOC could make that their actions did not constitute illegal bribery under the FCPA. First the FCPA bans providing moneys or things of other value to employees of foreign governments or agencies. The IOC is an international group, which would include people from the United States which would mean the IOC was providing funds or items of value to a domestic organization as well as foreign one. Secondly, the FCPA bans providing of goods or services to attain or retain a business. The SLOC could argue that lobbying the IOC for the Olympics was not about keeping or obtaining a business, but was out of a sincere desire to provide the best available location for an international sporting event. By modifying the claimed intention for wanting the Olympics, they might be able to convince higher ups that they were thus not violating the law.

3. What do you think is the appropriate punishment for the violation of ethical and legal principles?

The punishment for violations of ethical and/or legal principles should be equal to the severity of the crime that was committed. A minor violation should have lesser punishment whereas a more egregious violation should have more severe punishment. If a group is found to have bribed another individual or group in order to get political influence or business privileges, then that group should have to be disbanded and high-ranking officials prosecuted. If the guilty party is an individual, then the individual should have to face jail time as well as having to make some kind of financial remuneration to the population who were affected by their illegality.