Which of the following is most consistent with illegal gratuities?
1. An illegal gratuity is not received as a result of an agreement to facilitate an action in advance of that action.
2. An illegal gratuity occurs when a person agrees to accept an amount for participating in an illegal act.
3. An illegal gratuity is a conspiracy because it is unexpected.

4. With an illegal gratuity, the recipient of the benefit expects to receive their reward as a result of a “pay up or else” scheme.