NYC Bribery Lawyers

In recent history, the crime of bribery has increased considerably in terms of conviction rate, and this is largely due to a myriad of offenses that could fall under the bribery category. When speaking with an attorney based in the New York area, it is likely that he will inform you that bribery involves giving, promising, or in some way, offering something of tangible value in order to assists one’s own personal agenda. If you are facing conviction regarding bribery, fraud, embezzlement, or any other white collar crime, contact Federal Lawyers, for an expert consultation and further assistance. Due to the severity of bribery and other white collar crimes, if convicted, the consequences could range significantly – from hefty fines to probation or even prison time. The knowledgeable team at SFederal Lawyers will provide you with the most sound advice and strategy to tackle the issue at hand, ensuring that your rights are not infringed upon.

Most commonly, bribery consists of offering a financial gift to a particular party in exchange for a service or positional advantage. This means that a person may utilize his or her influence in order to garner preferential treatment from the targeted party. Common examples of bribery include the paying of a public official or servant to dismiss a charge or to secure a public vote, as well as to obtain an advantageous contract. In most cases, the recipient of the bribe is a public figure, which can range from a United States Congressman to an inspector.

The New York Penal Code Section 200 details the three degrees of bribery. Bribery in the third degree, although serious, provides the least stringent penalty, and occurs when a public servant is propositioned with money, a vacation, or a litany of things that could be considered preferential treatment. If convicted, the penalty for bribery in the third degree could result in a seven-year prison sentence. Bribery in the second degree is considerably more serious and is committed when the propositioned benefit exceeds the value of $10,000 with the mutual understanding that the action will result in a particular desired effect. If convicted of bribery in the second degree, the sentence could result in up to 15 years in prison. Bribery in the first degree is more serious still and involves a bribe that would result in an arrest or conviction of a person. If convicted of bribery in the first degree, the punishment could result in up to 25 years in prison.

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Legal Scenario: What Would You Do?

Scenario

A city council member approached you after a zoning hearing and implied that your commercial building permit would be approved faster if you made a generous donation to his preferred charity. You made the donation and the permit was approved within days, but now a grand jury is investigating the council member's office.

Can I be charged with bribery even though I donated to a charity rather than giving money directly to the official?

Attorney's Answer

Under New York Penal Law § 200.00, bribery in the third degree occurs when a person confers or offers any benefit upon a public servant with the intent to influence their official action — the benefit does not need to be cash paid directly to the official. Channeling payments through a charity or third party is a well-known method prosecutors target, and federal mail or wire fraud charges under 18 U.S.C. § 1346 could also apply if any electronic communication was involved. The key element prosecutors must prove is your intent at the time of the donation, which is why preserving all correspondence and acting quickly to retain experienced counsel is critical. An NYC bribery defense attorney can evaluate whether the evidence supports a corrupt intent theory or whether your donation was genuinely independent of the permit decision.

This is general information only. Contact us for advice specific to your situation.

It is imperative to understand the true nature of bribery as it lies in court, as the actual bribe does not have to be completed, but only promised and agreed to. In this case, all parties could be tried in criminal court. This crime is treated harshly, and considerably more so when there is a public official involved in the charges. As of today, there has been at least one credibly established defense to bribery, which is listed in New York Penal Code 200.05. Under this statute, bribery could be deemed a defense if it can be proven that coercion or extortion have played a prominent role in the crime being committed. Although a criminal charge, a conviction of bribery can hold a number of civil implications, in which the severity will be based on the size of the benefit, or the amount of money involved in the crime. Bribery, even in the face of innocence, can still lead to a myriad of issues within your professional, as well as your private life, and it is important that you speak with a member of our team for professional guidance.