Federal Bribery is a charge that is brought against individuals who offer or attempt to offer gifts, money or anything else of value in an effort to influence an official act. Although bribery is usually prosecuted on a state level, some types of cases are prosecuted criminally on the federal level. Specifically, the following criminal statutes apply to federal bribery charges:
- Bribery of a Public Official,
- Illegal Gratuity to a Public Official,
- Receipt of Commissions or Gifts for Procuring Loans,
What is Bribery?
Bribery is a crime involving individuals offering gifts or money to public officials in exchange of better treatment. Although in some countries, bribery is accepted as a way of doing business, it is a crime in the United States on both the state and the federal level. It is a crime to both give a bribe and receive a bribe. The following are examples of bribery:
- Paying a Judge to get a lighter or more lenient sentence,
- Offering money to a police officer not to write a ticket,
- Sending a government official on an all-expenses paid trip in exchange for expediting construction permits.
What is Federal Bribery?
There are several criminal statutes that apply to federal bribery. Specifically, they are:
- Bribery of a Public Official in violation of 18 U.S.C. § 201(b)(1),
- Illegal Gratuity to a Public Official in violation of 18 U.S.C. § 201(c)(1)(A),
- Receipt of Commissions or Gifts for Procuring Loans in violation of 18 U.S.C. § 215(a)(1), AND
- Conspiracy in violation of 18 U.S.C. § 371.
It is also crime for public officials to directly or indirectly, corruptly demand, seek, receive, accept, or agree to accept anything of value personally in return for being influenced in the performance of any official act, to commit or aid in committing or allow any fraud, or be induced to do or omit any act in violation of their official duties.
Bribery of a Public Official
Under 18 U.S.C. § 201(b)(1), a person may be guilty of bribing a public official if s/he directly or indirectly gives or promises to give something of value with intent to influence the public official’s performance of an official act, or omit preforming an official act in violation of official’s public duty. Under federal criminal law, a public official includes any officer, employee, or agent of the United States or any department, agency, or branch of the federal government who is acting in an official capacity. Interestingly, federal jurors are also considered “public officials” under this statute.
Illegal Gratuity to a Public Official
The federal bribery charge of Illegal Gratuity to a Public Official is codified in 18 U.S.C. § 201(c)(1)(A). Under this statute, a person is guilty of providing illegal gratuity to a public official if that person directly or indirectly gives or offers something of value to a public official because of an official act performed by the public official.
Importantly, there must be a connection between giving something value and influence over a specific official act. Similarly, public officials are defined as officers, employees or agents of the United States or its departments, agencies, or branches. Federal jurors are also considered public officials.
Receipt of Commissions or Gifts for Procuring Loans
Simply put, the federal bribery charge of Receipt of Commissions or Gifts for Procuring Loans involves bribery or reward of a bank officer. This charge is codified in 18 U.S.C. § 215(a)(1). Under this federal bribery charge, bank officers include directors, employees, agents, or attorneys of a financial institution.
Conspiracy is an agreement between two or more people to engage in criminal conduct that has at least one overt act in furtherance of the conspiracy. Individuals in the conspiracy can be charged with federal bribery charges, for acts of their co-conspirator.
What Are the Elements of Federal Bribery Charges?
To prove that a person violated the federal criminal statute relating to bribery, a prosecutor must prove that the defendant:
- Gave, offered, or promised something of value
- To a public official
- With the corrupt intent to influence an official act
The prosecutor must show that there was a quid pro quo meaning that the thing of value was given with the specific corrupt intent to influence the government official’s act. As with all criminal cases, the prosecutor must prove these elements beyond a reasonable doubt.
What Are the Penalties for Federal Bribery?
The penalties for federal bribery charges are:
- Up to 15 years imprisonment, AND
- A fine up to three times the value of the bribe, AND
- Potential disqualification of the individual from holding any office of honor, trust, or profit under the United States.
What Are the Defenses for Bribery Charges?
Each case requires its own assessment and development of a defense theory. Generally speaking, the most common defense to federal bribery charges is that the individual lacked intent to influence a government official. Intent is usually the hardest element for a federal prosecutor to prove on bribery cases. That is because intent is generally proven through circumstantial evidence, that is to say that it can be inferred from the other evidence on the case.
Also, federal bribery attorneys frequently focus on the lack of evidence on a case in order to persuade the jury that the Government cannot meet their burden of proof beyond a reasonable doubt.
Contact Top Rated Federal Attorneys
If you or a loved one has been charged with federal bribery, or suspect you are under investigation, you need to consult experienced federal attorneys for assistance with your case. Contact us today to schedule your initial consultation.