Federal Bribery Charges: An overview by a Federal Bribery Defense Attorney
What are federal bribery charges?
Federal Bribery charges typically involve offering, giving, receiving, or soliciting something of value as a means of influencing the actions of an office in the discharged of their public or legal duties.
While there are a wide variety of methods the prosecution will use to charge bribery conduct, this discussion will focus on the statutory elements of bribery under 18 U.S.C. 201(b), the interpretation of public official the requirement of corrupt intent, and the necessity of a link between the thing of value and an official act.
What is the statutory charge for federal bribery?
Federal bribery charges are governed by 18 U.S.C. 201(b), which outlines the elements required to establish the offense. The statute specifies that bribery occurs when a person directly or indirectly, corruptly gives, offers, or promises anything of value to a public official with intent to influence any official act. The Fifth Circuit has further clarified that the elements of federal bribery include: (1) a public official; (2) a thing of value; (3) corrupt intent; and (4) a link between the thing of value and an official act.
What is the punishment for Federal Bribery Charges?
Under 18 U.S.C. § 201, which also addresses bribery of public officials, the penalties can include a fine of up to three times the monetary equivalent of the bribe, imprisonment for up to 15 years, or both, and disqualification from holding any office of honor, trust, or profit under the United States.
What are the Elements of Federal Bribery Charges?
Under 18 U.S.C. 201(b), bribery involves giving or offering something of value to a public official with the intent to influence an official act.
The Fifth Circuit has identified four essential elements: a public official, a thing of value, corrupt intent, and a link between the thing of value and an official act.
How is “public official” defined?
The term public official is broadly defined to include any officer or employee acting on behalf of the United States or any of its departments or agencies. The Supreme Court in United States v. Birdsall expanded this definition to include individuals acting in an official capacity, even if not formally employed by the government.
More specifically, in the context of federal bribery charges, the term “public official” is defined under 18 U.S.C. § 201(a)(1) to include “an officer or employee or person acting for or on behalf of the United States, or any department, agency or branch of Government thereof, in any official function, under or by authority of any such department, agency, or branch of Government”. This definition is intended to be comprehensive and applies to all persons performing activities for or on behalf of the United States, regardless of the form of delegation of authority.
What is corrupt intent?
Corrupt intent is a critical element of bribery under 18 U.S.C. 201(b). The Fifth Circuit interprets corruptly to mean acting with an improper purpose, such as making a false statement or committing fraud. Notably, the Supreme Court in United States v. Sun-Diamond Growers emphasized that the intent must be to influence a specific official act.
What is required for a thing of value and official act?
The Fifth Circuit requires a clear link between the thing of value and the official act. The thing of value must be given with the intent to influence a specific official act.
What should you do if you are under investigation for Federal Bribery or Charged with Federal Bribery?
If you’ve been accused of federal bribery, it’s crucial to act swiftly and strategically. Federal bribery is a serious offense with severe consequences, including hefty fines and lengthy prison sentences.
Consult an Experienced Criminal Defense Attorney:
Do not try to navigate these charges on your own. Federal bribery cases require specialized knowledge of federal criminal law and procedure. At Almonte Law, we have extensive experience handling federal charges, including bribery, corruption, and other white-collar crimes.
Get Immediate Legal Representation:
It’s vital to secure legal representation as soon as possible. We’ll help you understand the charges against you, your rights, and the most effective defense strategies available.
Federal bribery charges are complex and the stakes are high. When your future is on the line, you need Almonte Law. As a former federal prosecutor, I possess a unique insight into the prosecution’s strategies. This experience allows me to anticipate the government’s moves and understand how they will build their case against you. With this knowledge, I can develop a defense that puts you in the best possible position.
