Acceptance of Bribes or Kickbacks

A subject knowingly accepts money or another financial or material benefit in exchange for misusing entrusted access, information, authority, or an organizational process. The benefit may be received directly or provided to another person or entity at the subject’s direction. The arrangement may involve favorable supplier selection, approval of improper payments, unauthorized disclosure of information, provision of access, or circumvention of an organizational requirement. The benefit may be provided before or after the associated misuse as part of the arrangement.

The defining behavior is the knowing acceptance of a benefit linked to the misuse of the subject’s organizational role, rather than the source of the payment or whether organizational funds were directly diverted. Investigators should establish the benefit, its provider and intended beneficiary, the associated request or agreement, and the relevant organizational actions. An offered inducement that the subject refuses, an unexplained payment, or an authorized gift does not independently establish this behavior. Acceptance of the benefit and completion of the associated misuse should be established separately.