Defending Against Allegations of Philadelphia Bribery and Corruption

Defending Against Allegations of Philadelphia Bribery and Corruption

Understanding the Allegations

The first step is getting a solid handle on what exactly your client is being accused of. Are they charged with bribing a city official to win a contract? Funneling money to a political campaign in exchange for favorable treatment? Misusing city funds or resources for personal profit? Once you understand the specific allegations, you can start piecing together a defense strategy.

Dig into the details of the accusations. Who is making them and what evidence do they have to back them up? Are there documents, money trails, recordings, or witness statements you need to review? Understanding the depth and quality of the evidence against your client is crucial.

Looking for Weaknesses in the Case

Next, you want to scrutinize the allegations and evidence to find any potential weaknesses in the prosecution’s case. Some areas to explore:

• Mistaken identity – Is it possible they have the wrong person? Could someone else be responsible?
• Assumption of corruption – Can you argue there is an innocent explanation for the payments, conversations, or actions in question?
• Unreliable witnesses – Do witnesses have reasons to fabricate or exaggerate accusations? Grudges? Cut deals for testimony?
• Missing evidence – Are there logical gaps in the money trail or timeline of events?
• Illegal evidence gathering – Did police violate rights or procedures when collecting evidence?

Finding one or more plausible weaknesses you can exploit will go a long way toward instilling reasonable doubt.

Gathering Exculpatory Evidence

In addition to attacking the prosecution’s evidence, you also need to proactively gather exculpatory evidence that undermines their allegations or establishes your client’s innocence. This can include:

• Alibis – Can you demonstrate your client was elsewhere at the time of the alleged misconduct?
• Financial records – Do bank statements, receipts, invoices, etc. show legitimate sources and uses of funds?
• Communications – Are there emails, texts, or recordings that show appropriate, above-board communications with officials?
• Reputational evidence – Can you produce upstanding character witnesses who will vouch for your client? Evidence of community service and philanthropy?
• Expert analysis – Does a forensic accountant see benign explanations for financial transactions in question?

Building an affirmative case is just as important as attacking the charges themselves. The more good faith evidence you can put forward, the better.

Understanding Burdens of Proof

As a defense attorney, you also need to thoroughly understand the relevant burdens of proof. The prosecution bears the burden of proving bribery, fraud, and corruption charges beyond a reasonable doubt. That’s a very high bar to clear. You can win acquittals by showing the evidence is inconclusive, subject to multiple interpretations, or simply not strong enough to remove all reasonable doubt.

Other affirmative defenses like entrapment or duress have their own burdens as well. Understand these standards inside and out.

Exploring Plea Bargains

If the evidence is stacked heavily against your client, you may need to explore plea bargain options with the prosecution. Perhaps you can get them to drop the most serious charges in exchange for a guilty plea on lesser charges. Maybe you can negotiate a lighter sentence recommendation. Though not ideal, plea bargains are sometimes the best realistic outcome in corruption cases with strong evidence.

Attacking the Law Itself

In some rare cases, you may try arguing the bribery, fraud, or corruption laws themselves are invalid or unconstitutional. This is very difficult, but could be an option if you have good grounds for challenging the law. For example, some defendants have argued certain public corruption laws are too vague.

Advising Your Client

Throughout the process, advise your client on the pros and cons of different defense strategies and be realistic about potential outcomes and penalties. Make sure they understand the charges against them and the burdens of proof. Caution them about speaking to police or prosecutors without you present. With your legal expertise and guidance, even clients facing troubling accusations can get through the ordeal with their rights protected.

Defending against corruption and bribery allegations in Philadelphia requires creativity, meticulous preparation, and deep knowledge of applicable laws and precedents. But by thoroughly investigating the charges, identifying weaknesses, gathering exculpatory evidence, holding prosecutors to their burden of proof, and advising clients of their options, skilled defense lawyers can successfully beat many public corruption cases. The city’s future depends on having principled advocates willing to take on this complex but critical work.