Rick is a sales manager for ABC Airplane Parts, and Tony is the head of purchasing for XYZ Regional Airlines. In order to secure purchase orders from XYZ$,$ Rick meets Tony at a diner and gives Tony a briefcase containing $$100,000$ in cash. Tony takes the cash and soon after ABC is the biggest parts supplier to XYZ$.$ With regards to the crime of bribery, $\_\_\_\_\_\_\_\_.$

Group of answer choices

neither could be prosecuted since neither are government officials

only Tony, since he accepted the cash, could be prosecuted

both Rick and Tony could be prosecuted

only Rick, as the offeror, could be prosecuted