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Legal Definitions - Public corruption
Definition of Public corruption
Public corruption occurs when a government official, or someone working with them, misuses their power or position for personal gain, thereby betraying the public's trust. This typically involves an official accepting or seeking something valuable—such as money, gifts, or favors—in exchange for making decisions or taking actions that benefit the giver rather than the public they are supposed to serve. This applies to officials at all levels of government: federal, state, or local.
Here are some examples to illustrate public corruption:
Example 1: Bribery for a Public Contract
A county commissioner, responsible for approving bids for public projects, secretly accepts a substantial cash payment from a waste management company. In return, the commissioner votes to award the company a multi-million dollar contract for trash collection, despite another company offering a more cost-effective and environmentally friendly solution.
This illustrates public corruption because the commissioner, a government official, accepted "something of value" (the cash payment) to be "influenced in the performance of their official duties" (voting on the contract). This action breaches public trust and prioritizes personal gain over the public's best interest.
Example 2: Abuse of Influence for Personal Business
A local zoning board member, who has significant influence over land development approvals, tells a property developer that their application for a new apartment complex will be fast-tracked and approved without issues if the developer agrees to hire the board member's struggling private construction company for a separate, unrelated project at an inflated price.
Here, the zoning board member is abusing their official position by demanding a "thing of value" (a lucrative, inflated contract for their private company) in exchange for favorable treatment on an official matter (expedited zoning approval). This is a clear breach of public trust, as the official is using their power for personal financial benefit.
Example 3: Kickbacks in Procurement
A procurement officer for a state agency, responsible for purchasing office supplies, routinely approves invoices from a specific vendor for overpriced items. In exchange, the vendor provides the procurement officer with expensive gifts, free vacations, and a percentage of the inflated sales as a "kickback."
This demonstrates public corruption because the state official (procurement officer) is accepting "something of value" (gifts, vacations, kickbacks) from a private sector accomplice (the vendor) in return for being influenced in their official duties (approving overpriced purchases). This harms the public by wasting taxpayer money and undermining fair procurement processes.
Simple Definition
Public corruption occurs when government officials, along with their private sector accomplices, abuse their position or breach public trust. This typically involves an official soliciting or accepting something of value in exchange for being influenced in the performance of their official duties.