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Bribery includes paying to get government contracts, giving a bottle of liquor to a building inspector to ignore a violation or grant a permit, or selling stock to a Congressman at a cut-rate price (Bribery). The definition has been expanded to include bribes given to corporate officials to obtain contracts or other advantages which are against company policy (Bribery). Using this definition of the law it stands to reason that since the waiter is not a government or corporate official he has not legally placed himself in a situation that has broken the law (Bribery). Therefore the two scenarios are not the same, legally anyway (Bribery)...
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