Who Owns a Bribe: The Bribed Public Official or the Defrauded State?
In truth, the historical conflict was between a strict policy of ensuring that a bribe-taking official should be stripped of all the benefits that flow from the receipt of a bribe, and a strict but narrow application of the relevant conceptual principles. This issue has now been authoritatively and clearly settled by the Supreme Court. The decision that a bribe paid to a public official belongs to a state will strengthen the civil claims available to that state when it pursues the proceeds of corruption.
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