Originally Posted by
G-CPTN
There is no (US) federal statute that by its terms expressly prohibits
commercial bribery,
Yeah, but there are ways to get at those dealing in kickbacks.
... the federal
mail and wire fraud statutes can be used to prosecute commercial bribery as a "scheme or artifice to defraud" if the mail or interstate wire facilities are used. In addition, use of the mails or interstate travel or communication in furtherance of a violation of state commercial bribery laws may be prosecutable in
Federal court under the
Travel Act. As the penalties under the federal statutes may exceed the state penalties, and the federal investigative and enforcement agencies may have superior resources, often federal prosecution is favored.
PS thanks for the link: I hadn't realized that kickbacks were illegal in only 36 of the 50 states under various state laws.
