Bribery of a Public Official
Bribery is a sensitive topic and one that the Federal Bureau of Investigations (FBI) and other federal agencies take extremely seriously. The public places an enormous amount of trust in its officials, and when there is a perception that trust has been betrayed, emotions can run high.
Both parties will be prosecuted.
It is important to realize that the law can and will prosecute both parties involved in any bribery situation. Clearly the man or woman suspected of receiving the bribe will be the subject of investigation and possible indictment, but the same is true of the person who gave, offered, or promised the bribe. One does not need to be elected to office or even be a formal government employee to be considered a public official for the purposes of this criminal charge.
What does federal law say about bribery of a public official?
18 U.S. Code § 201 reads that whoever
(1) directly or indirectly, corruptly gives, offers or promises anything of value to any public official or person who has been selected to be a public official, or offers or promises any public official or any person who has been selected to be a public official to give anything of value to any other person or entity, with intent—
(A) to influence any official act; or
(B) to influence such public official or person who has been selected to be a public official to commit or aid in committing, or collude in, or allow, any fraud, or make opportunity for the commission of any fraud, on the United States; or
(C) to induce such public official or such person who has been selected to be a public official to do or omit to do any act in violation of the lawful duty of such official or person;
(2) being a public official or person selected to be a public official, directly or indirectly, corruptly demands, seeks, receives, accepts, or agrees to receive or accept anything of value personally or for any other person or entity, in return for:
(A) being influenced in the performance of any official act;
(B) being influenced to commit or aid in committing, or to collude in, or allow, any fraud, or make opportunity for the commission of any fraud, on the United States; or
(C) being induced to do or omit to do any act in violation of the official duty of such official or person;
(3) directly or indirectly, corruptly gives, offers, or promises anything of value to any person, or offers or promises such person to give anything of value to any other person or entity, with intent to influence the testimony under oath or affirmation of such first-mentioned person as a witness upon a trial, hearing, or other proceeding, before any court, any committee of either House or both Houses of Congress, or any agency, commission, or officer authorized by the laws of the United States to hear evidence or take testimony, or with intent to influence such person to absent himself therefrom;
(4) directly or indirectly, corruptly demands, seeks, receives, accepts, or agrees to receive or accept anything of value personally or for any other person or entity in return for being influenced in testimony under oath or affirmation as a witness upon any such trial, hearing, or other proceeding, or in return for absenting himself therefrom;
shall be fined under this title or not more than three times the monetary equivalent of the thing of value, whichever is greater, or imprisoned for not more than fifteen years, or both, and may be disqualified from holding any office of honor, trust, or profit under the United States.
We can help.
The government has some very specific criteria they must address when prosecuting this crime:
- First, they must prove the defendant was a public official
- Next, they must prove he or she demanded, sought, received, or accepted or agreed to receive something of value
- Finally, they must prove he or she was knowingly influenced in some way
The government must prove similar intentions of influencing for any person accused of offering or giving a bribe.
Any person that occupies a position of public trust and has federal, state, or local government responsibilities meets the criteria. Tim Bower Rodriguez will use his experience to your advantage and defend you against this very serious charge. Because of the emotions and subsequent media attention these cases can evoke, it is critical to have your case handled by a seasoned attorney. Contact us to request your free federal bribery defense initial consultation today.
