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the voluntary giving of something of value to influence the performance of an official duty. EXAMPLE: Franco wants to build a shopping center in town, but for years his requests for building permits have been turned down. Another company is then granted the permits after one request. When Franco inquires why that company is treated differently, he is informed that they "make sure" their requests are granted. Franco understands that to mean he needs to pay money to town council members. If Franco pays the money, he is guilty of bribery even though payment is the only means to secure permits. COMMERCIAL BRIBERY includes the breach of duty by an employee in accepting secret compensation from another in exchange for the exercise of some discretion conferred upon the employee by his employer, as in the approval of a contract.
Source: Barron's Dictionary of Legal Terms, Steven H. Gifis, 5th Edition; © 2016

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