Federal law criminalizes the receipt of bribes, as well as the receipt of gratuities, by federal public officials. See 18 U.S.C. Sections 201(b)-(c). For years, however, federal courts were divided on whether the analogue statute for state and local officials, 18 U.S.C. Section 666, prohibited gratuities. Last week, the U.S. Supreme Court decided that issue in Snyder v. United States, holding that Section 666 only criminalizes bribes, and not the acceptance of gratuities, by state and local officials. This decision further narrows the power of federal prosecutors to pursue corruption cases. But the Supreme Court's ruling also re-emphasizes the court's concern over federal criminal laws interfering with traditional areas of state governance.

Section 666 makes it a crime for most state and local officials to "corruptly" solicit, accept, or agree to accept "anything of value … intending to be influenced or rewarded in connection with" any official business or transaction worth $5,000 or more. Notably, Section 666 does not use the terms bribe or gratuity, which left the court to determine whether the statute prohibited both types of conduct. Although these concepts are similar, the law differentiates between bribes and gratuities. A bribe is a payment meant to secure an official act by a public official, whereas a gratuity is a payment given to the official after an official act, generally as a token of appreciation.