Commercial Bribery in New Jersey: What You Need to Know

Commercial bribery may seem like something that only happens in movies, but it’s more common than you think. In New Jersey, commercial bribery is considered an indictable offense under Section 2C:21-10 of the criminal code. This article will explain what commercial bribery is, the penalties you could face, and potential defenses.

What is Commercial Bribery?

• Being an agent, partner, or employee of another person or company. For example, an employee accepting a bribe to steal trade secrets.
• Being a trustee, guardian, or other fiduciary. Such as a guardian accepting money to act against the best interests of their ward.
• Being a lawyer, physician, accountant, appraiser, or other professional advisor or informant. Like a doctor prescribing unnecessary tests in exchange for kickbacks from a testing lab.
• Being an officer, director, manager or other participant in the direction of an incorporated or unincorporated association. For instance, a company manager accepting bribes to hire unqualified contractors.
• Being an arbitrator or other purportedly disinterested adjudicator or referee. Such as a judge accepting benefits to influence their rulings.
• Holding yourself out to the public as being engaged in the business of making disinterested selections, appraisals, or criticisms of commodities, real property, or services. For example, a restaurant critic accepting free meals to write positive reviews.

As you can see, commercial bribery covers a wide range of situations where someone violates their duty to remain objective and loyal because they accepted a bribe. Even offering a bribe is illegal, whether or not it’s accepted.

Defenses to Commercial Bribery Charges

There are several defenses that could potentially beat commercial bribery charges:

Lack of a Duty of Fidelity

The prosecution must prove you owed a duty of fidelity to someone and violated it. If you can show no such duty existed, the charges should be dismissed.

For example, perhaps you didn’t have a fiduciary relationship with the alleged victim. Or maybe you weren’t actually an employee or agent at the time of the supposed bribe.

No Benefit Was Offered or Accepted

Another defense is that no bribe actually occurred. If the prosecution lacks evidence you offered, solicited, accepted, or agreed to accept anything of value in exchange for violating a duty, then commercial bribery cannot be proven.

Lack of Intent

The law requires showing you knowingly violated or agreed to violate a duty of fidelity owed to another. If you can demonstrate the violation was unintentional, it would refute the charges.

Entrapment

This defense claims law enforcement induced you to commit a crime you otherwise wouldn’t have. Like if an undercover agent aggressively pressured you into accepting a bribe you initially refused.

Duress

This argues you only violated your duty of fidelity because someone threatened or coerced you. Like if a mob boss intimidated you into accepting a bribe.

Impossibility

This rare defense asserts you agreed to accept a bribe in exchange for doing something impossible. Since you couldn’t actually violate your duty, impossibility could defeat the charges.

As you can see, skilled criminal defense lawyers can raise many arguments to fight commercial bribery allegations. An experienced attorney can evaluate the facts of your case and decide which defenses offer the best chance at success.

The Bottom Line

Facing accusations of commercial bribery can have devastating consequences on your freedom, finances, and reputation. Never try to navigate these serious criminal charges without an attorney in your corner. An adept lawyer can thoroughly examine the evidence, identify weaknesses, raise defenses, negotiate with prosecutors, and defend your rights at every stage. Don’t leave the outcome to chance – make the smart move and contact a criminal defense attorney immediately if you’re under investigation for commercial bribery in New Jersey. With an expert on your side, you’ll have the best possible chance at beating the charges and avoiding years behind bars.