It's
all too common. We hear about it all the time. There's been a leak.
I'm not referring to the kind involving (actual) plumbers, but the
kind that means that information is given to someone not authorized
to have it, by someone in the know. Usually the “someone in the
know” has an ax to grind or is prompted to do so for political
purposes – like a “trial balloon,” an incriminating document,
or the wholesale release of stolen files. And it's leaked to the
media. (“Whistleblowers” fall into the category of leakers but
may have different motives, although at times it may be hard to
differentiate them from those with a political end.) Indeed,
sometimes leakers are simply looking for personal publicity.
In
a sense, leakers are bribers. There's an incentive. They're
providing something in order to gain some kind of benefit from what
they're doing. And bribery is common. It's a serious problem not
only in the political arena, but far beyond that as well.
A
bribe is the payment of anything of value to a public official
(dog-catcher, policeman, state or national legislator – or
candidate for such a position, restaurant or construction inspector,
Cabinet member, assistant or adviser to one of those, etc.) or to
anyone else who has some form of authority or knowledge that can be
valuable to the one offering it, and helpful to the one receiving it.
(Among the other types are payment for “inside information,”
payment to a judge for a favorable decision, etc.) There may or may
not be an explicit consideration for that payment at the time or in
the future – the bribe may just be a “good-will” offering with
no specified quid pro quo. The category includes
statements and votes as well as tangible gifts. And it includes
donations to the bribed individual's favored charity.
More
often the payment will go to the official, his employee, or to a
relative. It's a reasonable assumption that the official was aware
of the bribe, even if it was not made directly to him but intended to
reach him. If it can be demonstrated that he had no knowledge of the
bribe he should be exonerated and the guilty parties prosecuted.
(The official, however, should be more careful about who is in his
employ or family.) If the briber is doing so on behalf of his own
employer, that leader – not only the organization if any, but the
individual(s) involved – should also be sanctioned. Greatly. But
that's not always the case.
Despite
the seriousness of the act it's a crime that isn't adequately
punished. Of course it brings shame on those involved (often more
for being caught than having participated in the forbidden behavior).
But in politics some consulting position is likely to replace
anything lost. And sometimes there is job loss or a fine, but these,
which are usually the sum total of the costs of doing “business,”
should only be the starting point.
Let
me suggest some added reparations which should be demanded of those
involved.
In
addition to any existing penalties for whatever crime he may have
committed, the bribed
individual should pay into the public treasury a sum equal to twice
the value of the bribe (or, if it is information, its potential value
if it would accomplish what is expected of it – whether or not
achieved), and he should be barred from holding any
public position in the future. (The “future” includes the
election taking place at the time the bribe is disclosed.)
Association with any public official, or organization dealing with
the government thereafter should be publicized and punished. Travel
to a state or national capital should also be publicized much as the
movements of sex offenders are.
Moreover,
in addition to any existing penalties for whatever crime he may have
committed, the briber,
including former public officials, should pay into the public
treasury a sum equal to twice the value of the bribe, and he also
should be barred from holding any
public position in the future. The bribe should be publicized to his
constituents and employers. If it his employer (or its agent) who
designated the bribe, that employer should pay into the public
treasury ten times the value of the bribe, from his own assets –
not the company, and he should be barred from holding a position of
authority in that or any similar organization or organization that
has dealings with the government. Association with any public
official thereafter should be publicized along with travel to a state
or national capital.
An
individual who discloses a bribe (in which he doesn't participate)
should be given the value of the bribe by both the briber and the
person bribed. This would be in addition to whatever is paid to the
public treasury. No individual should lose his job because of his
disclosure of any illegal activity.
A
public official who turns in a bribe-offerer should be paid by the
briber the full value of the bribe for his (the official's) public
use while the briber is subject to the penalties outlined above. (If
the public official subsequently supports the cause of the briber it
would be viewed as representing acceptance of the bribe and he should
be punished accordingly.)
One
final note: The bribe is not always obvious. It may result in the
addition of a provision in some legislation – a provision that aids
an individual, organization, or industry, or it may come in a form
that “aids” constituents who will vote in the next election.
Such bribes may be harder to identify or prove, but disclosure, and
the light of unremitting publicity, may be helpful in discouraging
their use. The media are good at flogging dead horses. (Fortunately
not mine.)
Well,
here I am on my high, but unflogged, horse. I'm imperious. And I'm
certainly a loudmouth. It's easy to be virtuous. No one has ever
given me a bribe. I have nothing to offer. There's no incentive to
offer me an incentive.
January 15, 2017