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Do Gifts Establish Subordination?
Monday, August 19th, 2013
Robert Wechsler
Five years ago, I wrote a blog post about gifts
and reciprocity, based on a classic anthropological work, Lewis
Hyde's The Gift. An op-ed piece in Friday's Washington Post by another
anthropologist, Hugh Gusterson, extends this look at gifts by
considering two kinds of gift: those between equals and those
that establish subordination.
Focusing on gifts to Virginia's governor from the owner of a pharmaceutical company, Gusterson notes that gifts to politicians from companies and wealthy individuals tend to establish subordination. He writes that "the governor can only return Williams’s generosity by lending him the power of his office in some way."
But do these gifts truly establish subordination? Isn't the power of a governor's office at least equivalent to that of a company CEO? In fact, it is common for governors, mayors, and even council members to make it known that CEOs have to make gifts, campaign contributions, or contributions to a pet charity, or provide jobs to relatives, in order to get a contract, permit, or grant (known as "pay to play"). Whose subordination do these gifts establish?
Gusterson is right to criticize the limitations of federal bribery laws, which focus on quid pro quo arrangements. But he ignores the many state and local gift bans that require no quid pro quo. He also ignores 18 U.S.C §666(a)(2), which allows federal prosecution of those who give (or accept) gifts to state or local officials in an amount greater than $5,000. Proof of bribery is not necessary, but evidence needs to be shown that the gift was given "corruptly . . . with intent to influence or reward."
Gift bans are important not only because they do recognize the dangers of the reciprocity that comes with making and accepting gifts, but also because they require far less evidence. Gift ban violations are, therefore, far easier and less expensive to prove. In an effective government ethics program, they can prevent most of the gifts that could be considered bribes under anyone's definition.
For more on gift bans, see the relevant section of my free digital book Local Government Ethics Programs.
Robert Wechsler
Director of Research-Retired, City Ethics
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Focusing on gifts to Virginia's governor from the owner of a pharmaceutical company, Gusterson notes that gifts to politicians from companies and wealthy individuals tend to establish subordination. He writes that "the governor can only return Williams’s generosity by lending him the power of his office in some way."
But do these gifts truly establish subordination? Isn't the power of a governor's office at least equivalent to that of a company CEO? In fact, it is common for governors, mayors, and even council members to make it known that CEOs have to make gifts, campaign contributions, or contributions to a pet charity, or provide jobs to relatives, in order to get a contract, permit, or grant (known as "pay to play"). Whose subordination do these gifts establish?
Gusterson is right to criticize the limitations of federal bribery laws, which focus on quid pro quo arrangements. But he ignores the many state and local gift bans that require no quid pro quo. He also ignores 18 U.S.C §666(a)(2), which allows federal prosecution of those who give (or accept) gifts to state or local officials in an amount greater than $5,000. Proof of bribery is not necessary, but evidence needs to be shown that the gift was given "corruptly . . . with intent to influence or reward."
Gift bans are important not only because they do recognize the dangers of the reciprocity that comes with making and accepting gifts, but also because they require far less evidence. Gift ban violations are, therefore, far easier and less expensive to prove. In an effective government ethics program, they can prevent most of the gifts that could be considered bribes under anyone's definition.
For more on gift bans, see the relevant section of my free digital book Local Government Ethics Programs.
Robert Wechsler
Director of Research-Retired, City Ethics
---
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