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Defending Public Officials Against Federal Corruption Charges in NY
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Defending Public Officials Against Federal Corruption Charges in NY
Public corruption cases in New York can be complex. As a public official, you may find yourself under investigation without realizing it. The laws are complicated; even minor mistakes can trigger charges. Don’t panic – work with an experienced attorney to protect yourself.
Common Federal Corruption Charges
Some of the most common federal corruption charges filed against NY public officials include:
- Bribery – This involves offering, giving, soliciting, or receiving something of value in exchange for an official act or influence. Federal bribery laws carry steep penalties.
- Honest Services Fraud – This charge applies when a public official secretly acts against the public’s interest in exchange for personal gain. Learn more.
- Extortion – This involves demanding bribes, kickbacks, or other favors through threat of economic harm. Extortion under color of official right can trigger RICO charges.
- Mail/Wire Fraud – This applies when officials use mail or wire communications to execute fraudulent schemes. Mail fraud and wire fraud charges often accompany bribery.
Prosecutors may stack multiple charges with long sentences. Getting experienced counsel early is crucial.
Common Defenses in Corruption Cases
Several legal defenses may apply in public corruption cases:
- Lack of Criminal Intent – Prosecutors must prove you knowingly participated in corruption. Evidence showing you acted in good faith can defeat charges.
- Entrapment – If officials induced you to commit crimes you otherwise wouldn’t, this entrapment defense may succeed.
- Statute of Limitations – Certain charges, like bribery, must be brought within 5 years. Dismissal may happen if too much time has passed.
Other defenses like selective prosecution claim you were unfairly targeted. An attorney can advise on the best defense strategies.
Avoiding Corruption Investigations
Once an investigation begins, defending yourself becomes challenging. Avoid problems by:
- Knowing the Law – If unsure about gifts, travel, campaign finance or other rules – ask!
- Seeking Ethics Advice – Get guidance from agency ethics officers when needed.
- Being Transparent – Disclose potential conflicts, recuse when appropriate, etc.
- Avoiding Quid Pro Quos – Never tie official acts to any gifts/favors.
No system is perfect, but smart policies and engaged oversight help. Ultimately we must elect leaders with integrity at every level of government.
Getting an Attorney When Facing Corruption Charges
If questioned by the FBI, DOJ or investigators:
- Remain Silent – Do not answer questions without an attorney present.
- Get Counsel – Retain an experienced white collar defense lawyer immediately.
- Fight Back – An adept attorney can defend against overzealous charges.
The laws are complex; you need someone well-versed in bribery, fraud and public integrity laws. They will protect your rights, devise defense strategies, and resolve the case as favorably as possible.
With an attorney’s help, many officials reach plea deals avoiding prison or even convictions. Some win dismissals or acquittals at trial. Don’t go it alone – experienced counsel makes all the difference.