Cengage Advantage Books: Foundations of the Legal Environment of Business 2nd Edition by Marianne Jennings, Albert Napier, Marianne Jennings

تمرين 6

Sun-Diamond Growers is a trade association that engaged in marketing and lobbying activities on behalf of its member cooperatives, which were owned by approximately 5,000 individual growers of raisins, figs, walnuts, prunes, and hazelnuts. The United States charged Sun-Diamond and Mike Espy, the former Secretary of Agriculture, with giving Mr. Espy approximately $5,900 in illegal gratuities: tickets to the 1993 U.S. Open Tennis Tournament (worth $2,295), luggage ($2,427), meals ($665), and a framed print and a crystal bowl ($524). Sun-Diamond had an interest in favorable treatment from the Secretary at the time it bestowed the gratuities. Sun-Diamond's member cooperatives participated in a grant program administered by the Department of Agriculture to promote the sale of U.S. farm commodities in foreign countries. Sun-Diamond also had an interest in the federal government's regulation of methyl bromide, a low-cost pesticide used by many individual growers. The jury convicted Sun-Diamond, and the District Court sentenced the company to pay a fine of $400,000. The Court of Appeals reversed the conviction on Count 1. The Supreme Court granted certiorari. What should the court decide? Did Sun-Diamond violate the law by giving the gifts? Did the Secretary of Agriculture violate the law by accepting the gifts? Is this bribery? Mr. Espy was a former member of Congress before becoming Secretary of Agriculture. Would it be different if Sun-Diamond had given him gifts as a member of Congress? Are administrative agency employees permitted to accept gifts from those affected by their regulations and policies? What types of guidelines would you develop for your employees in their interactions with administrative agency employees? [U.S. v. Sun-Diamond Growers of California, 526 U.S. 398 (1999).]