Irvine Bribery Defense Attorneys
WHITE COLLAR CRIME CHARGES
Bribery
White-collar crimes involve fraud and other forms of corruption, such as bribery. The term generally refers to the giving, offering, soliciting, and/or receiving of any item of value, whether it is cash, jewelry, or even a piece of furniture, with the corrupt intention of influencing the actions of a public official. Bribery exists in sports, politics, business, and the judicial system. Accepting a bribe is just as much of a crime as offering one, and both are punishable by law. Bribery may be prosecuted under state and/or federal law.
Bribery in California
Under California Penal Code Section 67, any person who is convicted of offering or giving any bribe to any executive officer or public official in the state in order to influence an action, decision, opinion, vote, or other proceeding in the course of that officer's duty, is punishable by state imprisonment for two, three, or four years and, if applicable, may never again hold office in California.
Additionally, any executive or ministerial officer, appointee, or employee of the state, or any California county, city, or political subdivision who asks, receives, or agrees to receive a bribe will be required to pay a restitution fine between $2,000 and $10,000 or the amount of the actual bribe, depending on whether the bribe was received or not, in addition to the aforementioned prison sentence. These penalties also apply to any juror, judicial officer, arbitrator, referee, or umpire, as per Section 92 of the Penal Code.
Federal Bribery Laws and Penalties
Being convicted of a federal bribery crime typically carries harsher penalties than that of a state bribery conviction because federal bribery involves federal public officials. Under ยง 201 of United States Crimes and Criminal Procedure code, any person who directly or indirectly corruptly offers, gives or promises anything of value to any public official to influence an act of office, an act of fraud, or a violation of lawful duty, as well as any public official who corruptly seeks, demands, accepts, agrees to receive or receives anything of value to commit such acts, is guilty of bribery and is subject to a fine of at least the equivalent of three times the value of the bribe, imprisonment for up to 15 years, and is disqualified from holding any U.S. office of trust, honor, or profit.
Avoiding a Bribery Conviction
Different countries have different laws and different interpretations of what constitutes bribery. In the United States, there are various gray areas where the line between bribery and normal practice are blurred, especially when it comes to politics. This can make the difference between legal and illegal very confusing. As a result, many bribery cases are actually misunderstandings. At The Law Offices of Jeremy N. Goldman, our knowledgeable Irvine bribery defense lawyers help clients avoid penalties for a crime that they may not have even known they committed. If you have been charged with bribery in Orange County, contact us today to learn more about your legal rights and options.
