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If you are facing federal bribery charges, as soon as you realize there’s an investigation, contact a South Carolina federal bribery defense attorney at Shealey Law Firm.
Bribery charges often depend on statements and financial records, so don’t say anything, and get a defense attorney representing you immediately. We help people fight bribery charges. Get professional help with federal bribery charges. Call or message our federal crime attorneys now to talk about your case and begin.
Understanding Federal Bribery Charges
What is bribery under federal law?
Bribery is influencing, or trying to influence, official acts using something of value. It’s giving or offering something to convince a public official or witness to act in a certain way.
What are some examples of federal bribery?
Some examples of things that may be federal bribery are:
- Giving a politician something to influence their vote or have an application approved
- Sending payments to a business owned by a family member of a politician, because the politician approved a certain contract or bid
- Paying over market price for real estate as appreciation for a political act
- Offering a witness money to not show up for court
- Approving a social membership for a public official because of their official acts
- Kickbacks for awarding public work to a certain contractor
- Payments for preferential treatment, government approvals or to have things approved faster
- Sexual favors in exchange for dropping or reducing criminal charges
Bribery laws encompass a wide variety of official acts and proceedings. Any attempt to influence government personnel using goods or services may amount to a violation of federal bribery laws.
Who can be guilty of federal bribery?
Either the person making or accepting a bribe can be guilty of federal bribery. The laws apply to elected, appointed and hired officials.
Is it a defense to federal bribery if the person doesn’t carry out the official act?
No. Even if the official never carries out the intended act, a person can still be guilty of bribery. It’s not a defense that the person doesn’t do the official act.
What is the burden of proof for federal bribery laws?
The state must prove federal bribery charges beyond a reasonable doubt.
Defenses to Federal Bribery Charges
There are many defenses for federal bribery. In fact, bribery charges are often challenging for prosecutors because they must prove the defendant’s intent. They can’t simply point to a financial transaction; they must show what the defendant wanted to happen.
Some examples of defenses to federal bribery charges are:
- There was no offer or gift of anything of value
- You didn’t intend to influence anyone improperly
- You weren’t involved in the transaction
- There were no official proceedings or person under oath
- Constitutional violations occurred and evidence should be suppressed
- Entrapment or impossibility
- Remuneration was standard in the course of business
- Contesting the value of the item, if relevant
Federal Bribery of Public Officials Laws
Overview of federal bribery laws:
18 U.S.C. § 201(b) – Bribery of Public Officials
Under 18 U.S.C. § 201(b)(1)-(4), a person is guilty of bribery of public officials if they:
- Corruptly give, offer or promise
- Something of value
- To a public official or person selected to be a public official
- To influence an official act, commit or facilitate fraud, or induce violation of duty
OR
- Being a public official or person chosen to be a public official
- Corruptly demand, seek, receive, accept or agree to receive
- Something of value
- To influence an official act, collude in, facilitate or allow fraud, or commit or omit an official act
OR
- Corruptly give, offer or promise
- Something of value
- To a person or entity
- To influence testimony at a trial or other official proceeding, or to make someone absent from testifying
OR
- Corruptly demand, seek, receive accept or agree to receive
- Something of value
- For or in return for
- Influencing testimony at an official proceeding, or to make someone absent from testifying
The person’s actions may be direct or indirect.
Penalty: Up to 15 years in prison, a fine and disqualification from public office.
18 U.S.C. § 201(c) – Illegal Payment to a Public Official
Under 18 U.S.C. § 201, a person is guilty of illegal payment to a public official if they:
- Give, offer or promise
- Something of value
- To a public official, former public official, or person chosen to be a public official
- To get an official act performed, or because it was performed
OR
- Give, offer or promise
- For or because of, or to make a person absent from giving
- Testimony
- At a trial, or other official proceeding
OR
- Demand, seek, receive, accept or agree to receive
- Something of value
- For or because of testimony under oath, or to cause a witness to be absent from testifying
The person’s actions may be direct or indirect. This law does not encompass lawful payment of witness fees.
Penalty: Up to two years in prison and/or a fine.
(See 18 U.S.C. § 201).
18 U.S.C. § 215 – Receipt of Commissions or Gifts for Procuring Loans
Under 18 U.S.C. § 215, an officer, director, employee, agent or attorney of a financial institution is guilty of receipt of commissions or gifts for procuring loans if they:
- Corruptly give, offer, or promise
- With intent to influence or reward
- An officer, director, employee, agent or attorney
- Of a financial institution
- Regarding any business or transaction
OR
- Solicits or demands, accepts or agrees to accept
- Something of value
- To influence business or a transaction
Penalty: Up to 30 years in prison or a fine of $1 million or three times the value offered, whichever is greater. If the value was $1,000 or less, up to one year in prison, a fine or both.
The law does not apply to bona fide remuneration in the usual course of business.
18 U.S.C. § 371 – Conspiracy
Federal bribery charges may be pursued under 18 U.S.C. § 371, which prohibits conspiring to violate the law.
Penalty: Up to five years in prison and/or a fine. If the offense involved is a misdemeanor, then not more than the maximum penalty for the offense.
Talk to a Defense Lawyer About Federal Bribery Charges
Bribery charges are serious. You can have the assistance of an experienced federal bribery defense attorney serving South Carolina. Call or message us now at Shealey Law Firm to talk about your case.