An Overview of Federal Bribery Charges in California

An Overview of Federal Bribery Charges in California

Bribery charges in California can be complex and carry serious penalties. This article provides an overview of federal bribery laws and how they are applied in California. We’ll discuss the basics of bribery, penalties, defenses, and real-world examples.

What is Bribery?

Bribery involves offering, giving, soliciting, or receiving something of value in order to influence an official action or decision. Essentially, it’s paying someone off to get them to do something they otherwise wouldn’t. Both the person offering the bribe and the person receiving it can face criminal charges.

Federal bribery laws apply to public officials, candidates for office, jurors, and witnesses. California state laws also prohibit commercial bribery in business settings. Bribery does not have to be successful to be illegal – simply offering a bribe is a crime.

Federal Bribery Laws

There are several federal bribery and corruption laws that can lead to charges in California:

• 18 U.S.C. § 201 – Bribery of public officials and witnesses
• 18 U.S.C. § 666 – Bribery concerning federal programs
• 18 U.S.C. § 1951 – Interference with commerce by threats or violence (Hobbs Act)
• 18 U.S.C. § 1952 – Interstate travel in aid of racketeering (Travel Act)

Section 201 specifically prohibits bribing federal public officials, candidates, jurors, and witnesses. Section 666 applies to theft or bribery involving local governments or organizations receiving significant federal funds.

The Hobbs Act and Travel Act target extortion, but can also apply to bribery schemes that affect interstate commerce. All of these charges are felonies that carry multi-year prison sentences and steep fines.

California Bribery Laws

In addition to federal statutes, California has its own bribery laws under the state Penal Code:

• PC 67 – Bribery of an executive officer
• PC 68 – Bribery of a ministerial officer or employee
• PC 85 – Bribery of a legislator
• PC 86 – Bribery of a judicial officer
• PC 92 – Judicial bribery
• PC 93 – Commercial bribery

These laws prohibit bribery in both public and private/commercial settings. Bribery of legislators, judges, and executive officers are felonies. Commercial bribery can be a felony or misdemeanor depending on the amount involved.

Penalties for Bribery

Federal bribery charges carry penalties of:

• Up to 15 years in prison
• Fines up to $250,000 for individuals, $500,000 for organizations

Under California law, bribery felonies are punishable by 2-4 years in state prison. Fines up to $10,000 may also apply. Commercial bribery over $1,000 is a felony with up to 3 years imprisonment.

Defendants face additional consequences like forfeiture of assets involved in the bribery and being barred from future public office or government contracts.

Defenses Against Bribery Charges

There are several legal defenses that skilled criminal defense attorneys use to fight federal bribery allegations:

• No corrupt intent – The payments were not meant to influence any official acts.
• Entrapment – The defendant was induced by government agents to commit bribery.
• Duress – The defendant only offered a bribe due to threats against them or loved ones.
• Lack of evidence – The prosecution lacks solid evidence to prove all elements beyond reasonable doubt.

An attorney can also negotiate with prosecutors for reduced charges or sentencing leniency. But bribery defendants should be prepared for an aggressive prosecution.

Recent Bribery Cases in California

Here are some real-world examples of federal bribery cases out of California:

• A Los Angeles city councilman was convicted of obstructing an FBI probe into him accepting cash, hotel rooms and escort services from a businessman.
• Two executives with a Bay Area construction company were sentenced for bribing officials in exchange for a multi-million dollar contract.
• A former U.S. congressman from San Diego was sentenced for misusing campaign funds, including to finance affairs with lobbyists.

These cases show that bribery often goes hand-in-hand with other charges like fraud, obstruction, and misuse of funds. Prosecutors frequently pursue public corruption cases involving bribery schemes.

Finding the Right Bribery Defense Lawyer

Facing federal bribery charges in California is extremely serious. The laws are broad and penalties are harsh. That’s why retaining an experienced white collar criminal defense attorney is critical.

Look for a lawyer with extensive experience defending complex fraud and corruption cases in federal court. Understand the pretrial and sentencing processes. Negotiate aggressively with prosecutors. And be prepared to take your case to trial if necessary.

With skilled legal representation, some bribery defendants manage to get charges reduced or avoid prison time. Don’t take chances – consult a top-rated bribery defense attorney right away if you’re under investigation or indicted.