Federal Prison Employee Facing Bribery Charge-Arkansas

We have previously written about public corruption cases where individuals bribe government officials often with very large amounts of money or gifts. For example, two cases that received a lot of media attention, the case of U.S. Representative Randy Cunningham which can be found, here, and the case of lobbyist Jack Abramoff involved large scale bribery schemes of high government officials.

However, even a fairly low-level government employee can be prosecuted under 18 U.S.C. § 201, bribery of public officials and witnesses, for very small amounts of money or favors. Kenneth Ray Norman, an employee of the Federal Correctional Institution at Forrest City, Arkansas has been accused of providing a prohibited substance to prisoners for money.^[1] Mr. Norman allegedly provided tobacco to prisoners and accepted money for it.^[2]

The federal statute covering bribery sets an incredibly low threshold. Mr. Norman is being prosecuted under 18 U.S.C. 201 (b)(2)(C)which states: a public official or person selected to be a public official, directly or indirectly, corruptly demands, seeks, receives, accepts, or agrees to receive or accept anything of value personally or for any other person or entity, in return for being induced to do or omit to do any act in violation of the official duty of such official or person.[3]

In short, if any public official accepts anything of value that induces the individual to do or omit any act in violation of his official duties, the federal government can prosecute that person.^[4]

The term “public official” means Member of Congress, Delegate, or Resident Commissioner, either before or after such official has qualified, or an officer or employee or person acting for or on behalf of the United States, or any department, agency or branch of Government thereof, including the District of Columbia, in any official function.^[5]

Here, since Mr. Norman works for the federal prison system, he qualifies as a public official. Since it is a violation for him to provide anything to a prisoner, by accepting the money for tobacco, he can be prosecuted under the statute.

The punishment under this section of the statute is up to two years in prison and a fine or both. ^[6]

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[1] FCI-FC Employee Facing Federal Charge, Times Herald of Forrest City, Arkansas, January 24, 2007.
[2] Id.
[3] 18 U.S.C. § 201(b)(2)(c).
[4] Id.
[5] 18 U.S.C. § 201(a)(1).
[6] 18 U.S.C. § 201(c)(3).