Bribery vs. Lobbying: Key Differences

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The difference between lobbying and bribery has not been easy to point out given the fact that these two terms always override the other. According to Milbrath (1963), “lobbying is the practice of private advocacy with the goal of influencing a governing body by promoting a point of view that is conducive to an individual’s or organization’s goals.” Lobbyists have formally recognized groups whose intentions are formally recognized by the organization or the group under which their interest they are lobbying for the support. Most governments consider lobbying that does not involve financial support as legal. Bribery on the other hand refers to “the offering, giving, receiving or soliciting of any item of value to influence the actions as an official or other person in discharge of a public or legal duty” (Hrebenar and Morgan, 2009). Bribery has been considered by governments as an illegal action that violates ethical and legal principles.

The analysis of the Salt Lake Organizing Committee (SLOC) and International Olympics Committee (IOC) to select Salt Lake City as the 2002 Winter Olympics’ site is an interesting debacle that would expound on the definitions of lobbying and bribery. Under the Foreign Corrupt Practices Act (FCPA), the Salt Lake Organizing Committee (SLOC) had a ground to advance the argument that the payments made to the International Olympics Committee (IOC) to select Salt Lake City as the 2002 Winter Olympics’ site did not fit into the definition of illegal bribes. These grounds depended on three general areas of inquiry that the Department of Justice (DOJ) would assess before defining the payments as accepted forms of lobbying or illegal bribes. The three areas according to Fox (2009) include “What did you do to stay out of trouble? What did you do when you found out? and What remedial action did you take?.” The ability of the Salt Lake Organizing Committee to address these three areas will determine the direction DOJ investigations will take.

In my opinion, the levels of punishment for the violation of ethical and legal principles should be legal actions following the corruption and crimes act. The remedies of such violations should not be limited to violations because of the impact of bribery as a form of corruption. This is a form of the Economic Crimes Act that must be deterred in the community. Condemning a whole community for the misgivings of specific individuals is not justice in the literal sense. Specific members involved in criminal acts must be held responsible for their actions.

References

Fox, T. (2009). FCPA Compliance and FCPA Enforcement: A Look Ahead to 2009 and Beyond. Web.

Hrebenar, R. J. and Morgan, B.B. (2009). Lobbying in America: a reference handbook. New York: ABC-CLIO.

Milbrath, L.W. (1963). The Washington lobbyists. Michigan: Rand McNally

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