Statute of Limitations for Federal and State Bribery Crimes

Statute of Limitations for Federal and State Bribery Crimes

The statute of limitations refers to the time period prosecutors have to charge someone suspected of a crime. For federal crimes, this time limit is set by federal law. For state crimes, each state sets its own statute of limitations. Understanding the statute of limitations for bribery can help you know if charges can still be brought against you.

Federal Bribery and Corruption Statute of Limitations

There is no statute of limitations for federal bribery and corruption crimes. This means prosecutors can charge you with bribery, illegal gratuities, honest services fraud, and other related offenses no matter how long ago the crime occurred.

Congress eliminated the statute of limitations for federal bribery and corruption charges in the late 1980s. Their rationale was that bribery and corruption undermine public trust in government, so rooting it out should be a high priority no matter when it occured. As a result, if you committed one of these crimes 30 years ago, you could still potentially face charges today if evidence is found.

Some examples of federal bribery and corruption crimes that have no statute of limitations:

• Bribery of public officials and witnesses (18 U.S.C. 201)
• Bribery in sporting contests (18 U.S.C. 224)
• Bribery in connection with healthcare matters (42 U.S.C. 1320a-7b)
• Bribery of bank officials (18 U.S.C. 215)
• Bribery to influence operations of employee benefit plan (18 U.S.C. 1954)
• Illegal gratuities (18 U.S.C. 201)
• Honest services fraud (18 U.S.C. 1346)

So if your worried about an old bribe coming back to haunt you, don’t relax just because it was long ago. The passage of time does not prevent federal prosecutors from bringing charges for bribery and corruption.

State Bribery Statutes of Limitation Vary

While federal bribery has no time limit for prosecution, statutes of limitation for state bribery crimes vary widely across the country. Each state sets its own statutes of limitations for bribery offenses under state law.

In many states, bribery has a statute of limitations of 3-6 years. However, some states have longer statutes of 10 years, 20 years, or no time limit at all. For example:

• California – 4 years
• Texas – 3 years
• New York – 5 years
• Florida – No time limit for bribery
• Illinois – 3 years
• Pennsylvania – 5 years

To find your state’s statute of limitations, search “[State Name] statute of limitations bribery.” Make sure the source you find is authoritative and up-to-date, like an official government website or reputable legal site.

Also be aware that the clock for the statute of limitations only starts ticking when the bribery offense is complete. For an ongoing bribery scheme spanning many years, the statute of limitations may not kick in until the last act of bribery occured.

In addition, statutes of limitations can be extended or tolled in certain circumstances, like if the offender flees the jurisdiction. So don’t assume that the basic statute of limitations you find necessarily applies in your specific case.

How Bribery Charges Can Still Be Brought After Limit Expires

Even if the statute of limitations has expired on a state bribery charge, prosecutors may still be able to bring charges through certain strategies:

• Racketeering charges – Bribery can potentially be charged under racketeering laws, which often have longer statutes of limitations.
• Conspiracy – If bribery is part of an ongoing conspiracy or enterprise, later acts may extend the statute of limitations.
• Obstruction of justice – Obstructing or lying about the past bribery may constitute a new chargeable crime.
• Tolling agreements – Prosecutors sometimes make deals to toll (pause) the statute of limitations for a time.

So even if the statute of limitations has technically expired, don’t assume you’re in the clear from bribery charges. Prosecutors have tools to work around time limits in many cases.

Defenses to Expired Statute of Limitations

If you’re charged with an old bribery crime beyond the statute of limitations, you may have defenses:

• File a motion to dismiss based on the expired statute of limitations.
• Argue constitutional rights violations from the unreasonable pre-indictment delay.
• Claim prejudice from lost evidence or witnesses that impairs your defense.
• Allege prosecutorial misconduct like intentionally delaying charges.

An experienced white collar criminal defense attorney can help argue these defenses and protect your rights if you face old bribery charges. Don’t waive your statute of limitations protections.

Takeaways on Bribery Statutes of Limitation

• There is no time limit for federal bribery charges.
• State bribery statutes of limitations vary from 3-20 years usually.
• The clock starts when the last bribery act is complete.
• Prosecutors have strategies to work around expired statutes.
• You may have defenses if charged after the statute expires.

I hope this overview gives you a better understanding of how statutes of limitations apply to bribery crimes. The rules can be complex, so consult an attorney if you have questions about your specific situation. Being informed on time limits for prosecution is key to knowing your risks.