Trevor Potter, a former chairman of the Federal Election Commission, called the call sheet's language "extraordinarily ill-advised," saying prosecutors would probably be investigating whether the solicitation violated either a bribery statute or a law prohibiting "illegal gratuities," a "gift" given after an elected official takes a public action.
Acceptance of gratuities, unsolicited gifts exceeding $50 in value, solicited gifts in any amount or special favors from private or public organizations or individuals with which the University does or may conduct business or extending gratuities or special favors to employees of any sponsoring government or other agency or entity.
Police regulations prohibit officers from accepting gratuities or gifts.
The participants in discussions used such terms as "additional payments", "gratuities", and "gifts".
Mr. Hartunian noted that the Supreme Court quoted from a statute that defined kickback as "any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided, directly or indirectly" for the purpose of improperly obtaining or rewarding favorable treatment.
A "kickback" is defined as any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind that is provided by a supplier, directly or indirectly, to any employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with procurement under a federal contract or grant.
"In my view, having studied the Emoluments Clause ever since 1978, it's always been clear to me that its language is deliberately very broad, that it covers any kind of payment, not just a gratuity or a gift, but an ordinary payment to a profit-making enterprise," Tribe said.
There are customers who leave no extra money even though you've done nothing wrong, folks who leave way too much on a small check and even a special few who decide to leave a noncash gratuity (Wendy's gift card, really?).
In the present case, however, what Congress threatens if the State refuses to agree to its condition is not the denial of a gift or gratuity, but a sanction: exclusion of the State from otherwise permissible activity.
Actually, it would seem to have little to do with capitalism at all: it is -- supply and demand be damned -- a gift, a gratuity decided on after the fact.
"Acpo guidance has been drafted to provide a more consistent service-wide approach to gifts, gratuities and hospitality, based on a shift to a blanket non-acceptability, save for certain circumstances of a commonsense approach to the provision of light refreshments and trivial and inexpensive gifts of bona fide and genuine gratitude from victims or communities".
