(1) Any person who gives, offers or promises to an agent, employee or servant any gift or gratuity whatever, without the knowledge and consent of the principal, employer or master of such agent, employee or servant, with intent to influence his action to the prejudice of his principal's, employer's or master's business; or
(2) An agent, employee or servant who, without the knowledge and consent of his principal, employer or master requests or accepts a gift or gratuity or a promise to make a gift or to do an act beneficial to himself, under an agreement or with an understanding that he shall act in any particular manner as to his principal's, employer's or master's business; or
(3) An agent, employee or servant who, being authorized to procure materials, supplies or other articles either by purchase or contract for his principal, employer or master or to employ service or labor for his principal, employer or master receives directly or indirectly, for himself or for another, a commission, discount or bonus from the person who makes such sale or contract, or furnishes such materials, supplies or other articles, or from a person who renders such service or labor; or
(4) Any person who gives or offers such an agent, employee or servant such commission, discount or bonus;
shall be guilty of a Class 3 misdemeanor.
Code 1950, § 18.1-404; 1960, c. 358; 1975, cc. 14, 15.
Notes of Decisions
Perrin v. United States, 444 U.S. 37 (1979).
“13, § 1106 (1974) (enacted 1904); Va. Code § 18.2-444 (1975) (enacted 1950); Wis.”
Great Coastal Express, Inc. v. Ellington, 334 S.E.2d 846 (Va. 1985).
· cites it 2× “1 (1) Any person who gives, offers or promises to an agent, employee or servant any gift or gratuity whatever, without the knowledge and consent of the principal, employer or master of such agent, employee or servant, with intent to influence his action to the prejudice of his…”
United States v. Arthur Brecht, 540 F.2d 45 (2d Cir. 1976).
“§ 14-353 (1969); Va. Code Ann. § 18.2-444 (1975). 7 . See Hearings on The Attorney General's Program To Curb Organized Crime and Racketeering Before the House Comm, on the Judiciary, 87th Cong.”
Schur v. Sprenkle, 84 Va. Cir. 418 (Richmond County Cir. Ct. 2012).
· cites it 3× “The court disagrees, but nonetheless, the court finds that Plaintiff’s allegation for statutory conspiracy under Va. Code §§ 18.2-444, 18.2-500 is defective for two reasons.”
In re: EpiPen Direct Purchaser Litig. (D. Minnesota 2023).
“Va. Code Ann. § 18.2-444 . Defendants argue that Plaintiffs cannot plausibly allege the absence of knowledge and consent the statute requires because they separately allege that the PBMs’ clients were aware of the PBMs’ rate negotiations with Mylan and delegated that…”
— Va. Code Ann. § 18.2-444(1) — 1 case
Great Coastal Express, Inc. v. Ellington, 334 S.E.2d 846 (Va. 1985).
“1 (1) Any person who gives, offers or promises to an agent, employee or servant any gift or gratuity whatever, without the knowledge and consent of the principal, employer or master of such agent, employee or servant, with intent to influence his action to the prejudice of his…”
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