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California AG Bonta Reaffirms Ban on Bribing Federal Officials for Business Gains

CaliforniaBusiness & Corporate
California AG Bonta Reaffirms Ban on Bribing Federal Officials for Business Gains

On November 10, 2026, California Attorney General Rob Bonta issued a legal alert warning that it remains illegal for any business operating in the state to pay a bribe or prohibited gratuity to a federal official in order to obtain or retain business. The reminder comes regardless of any statements or priorities expressed by the current federal administration.

What the law prohibits

Federal statutes—U.S. Code § 201(b) and § 201(c)—make it a crime to offer money, gifts, or anything of value to a public official to influence an official act or to reward an official for an act they are already paid to perform. The alert also cites the general anti‑fraud and honest‑services provision at 18 U.S. Code § 1341, which can be used to prosecute bribery schemes. In California, the same conduct can be pursued under the state’s Unfair Competition Law, which bars unlawful, unfair, or fraudulent business practices.

Steps to Stay Compliant
  1. 1Review existing policies on gifts and payments to government officials.
  2. 2Train employees on the definition of illegal gratuities.
  3. 3Create a documented approval process for any government‑related expenses.
  4. 4Audit contracts that involve federal agencies for prohibited payments.

Source: California Attorney General

Why the reminder matters now

Attorney General Bonta emphasized that the statute of limitations for these offenses extends beyond any particular presidential administration. In plain terms, the clock for prosecuting a bribery case does not stop because a new administration takes office. Companies that ignore the reminder could face criminal charges, civil penalties, or a lawsuit under the Unfair Competition Law.

Practical steps for businesses and individuals

Businesses should review and strengthen internal controls to ensure that no employee, agent, or third‑party offers or pays anything of value to a federal official for an official act. This includes:

  • Training staff on what counts as a prohibited gratuity—a gift given for something the official is already paid to do.
  • Documenting all interactions with federal officials, including the purpose of the contact and any payments or gifts.
  • Implementing a clear approval process for any expenses that could be viewed as influencing a government decision.
  • Conducting periodic audits of contracts and vendor relationships that involve the federal government.

Individuals who work for or represent a business should also avoid offering anything of value to a federal official, even if they believe the official will act anyway. The law treats a “gift for doing what the official is paid to do” as a bribe.

When to consider legal help

If a company discovers a potential violation or is unsure whether a payment could be viewed as a bribe, consulting an attorney experienced in federal anti‑corruption and California business law can help assess risk and implement corrective measures. Legal counsel can also advise on how to respond to a government investigation and how to preserve evidence.

What this means: our conclusions

1 Risk1 What to watch1 Context2 What to do
  1. RiskOngoing enforcement risk

    Businesses continue to face criminal and civil exposure for bribery, regardless of who holds the White House.

  2. What to doCompliance programs are essential

    Strong internal controls and employee training can lower the chance of violating anti‑corruption laws.

  3. What to watchUnfair Competition Law adds a state tool

    California can pursue illegal bribery cases as unfair business practices, giving the state another enforcement lever.

  4. ContextAll firms with federal contracts are vulnerable

    Companies that depend on federal contracts must be especially vigilant about prohibited payments.

  5. What to doConsult an attorney to assess risk

    A lawyer can help review policies, respond to investigations, and ensure compliance with both federal and state rules.

Legal vs. Illegal Payments to Federal Officials
ActionLegal Status
Offering money or gifts to influence an official actIllegal under U.S. Code §§ 201(b), 201(c)
Providing a gift for a service the official is already paid to performIllegal as an illegal gratuity
Standard business expenses unrelated to official actsLegal

Source: California Attorney General

Primary sources & the law

This article is general information based on California Attorney General and court or agency records available at publication time. It is not legal advice; laws and deadlines differ by state and by case. Published November 10, 2026.

Source: California Attorney General

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