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What are Pennsylvania’s Sentencing Guidelines for Public Corruption Charges?

March 29, 2024 Uncategorized

Public Corruption Charges in Pennsylvania: What You Need to Know

What is Public Corruption?

Public corruption involves a breach of public trust and abuse of position by government officials. It covers a wide range of criminal acts, including:

  • Bribery
  • Extortion
  • Embezzlement
  • Racketeering
  • Money laundering
  • Wire/mail fraud

Essentially, any misuse of public office or government resources for private gain qualifies as public corruption. Even failing to report knowledge of a corrupt act can be considered a crime.

Pennsylvania’s Public Corruption Laws

In Pennsylvania, several statutes criminalize public corruption:

Bribery (18 Pa.C.S. § 4701): It’s illegal for a public official or party officer to accept any benefit in exchange for violating their duties or being influenced in an official matter.

Threats and Other Improper Influence (18 Pa.C.S. § 4702): Public servants can’t use threats or coercion to influence decisions or official acts.

Retaliation for Past Official Action (18 Pa.C.S. § 4703): Officials can’t retaliate against someone for their prior lawful actions while in office.

Compensation for Assistance in Criminal Case (18 Pa.C.S. § 4909): It’s illegal for public officials to request or receive compensation for advice or services related to a criminal case. Violations of these laws can lead to felony charges, depending on the circumstances. Federal charges are also possible if the corruption involves federal funds or agencies.

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Pennsylvania’s Sentencing Guidelines

Pennsylvania has a structured sentencing system with guidelines based on two factors:

  1. Offense Gravity Score (OGS): This ranks the severity of the crime on a scale, with higher scores for more serious offenses.
  2. Prior Record Score (PRS): This reflects the defendant’s prior convictions and weighs their criminal history.

The intersection of the OGS and PRS yields a range for the minimum sentence length. Judges have some discretion to sentence within that range or depart from it under certain circumstances.

For public corruption offenses, the OGS and potential sentences are:

Bribery (§4701)

  • OGS 5 (most serious violations)
  • Potential sentence: 22-36 months

Threats/Improper Influence (§4702)

  • OGS 3
  • Potential sentence: 6-16 months

Retaliation (§4703)

  • OGS 3
  • Potential sentence: 6-16 months

Compensation for Assistance (§4909)

  • OGS 3
  • Potential sentence: 6-16 months

However, sentences can increase significantly based on:

  • The monetary value involved in the corruption
  • Whether the conduct was an ongoing course of conduct rather than a single incident
  • The defendant’s role, motivations, and degree of corruption
  • Abuse of a high-level position or public trust

For example, a powerful elected official who took millions in bribes over many years could face decades in prison under the guidelines. The guidelines also allow for increased sentences if the crime involved aggravating factors like:

  • A leadership role in the corrupt activity
  • Obstruction of justice
  • Vulnerability of the victims
  • Substantial disruption of government functions

Conversely, mitigating factors like acceptance of responsibility or minimal planning can reduce sentences somewhat.

Federal Sentencing for Public Corruption

If federal charges are brought, different sentencing rules apply. Federal sentencing guidelines consider factors like:

  • The amount of money/value involved
  • The public official’s position and degree of corruption
  • Number of incidents and duration of the corrupt conduct
  • Use of threats, force or leadership role
  • Obstruction of justice

Federal public corruption sentences often fall in the 3-10 year range. But sentences over 20 years are possible for egregious cases involving very high-ranking officials or massive bribery/fraud schemes. The bottom line? Both Pennsylvania and federal authorities take a hard stance against public corruption. Lengthy prison time is the norm, not the exception, for those convicted.

What to Do if Charged

So, what should you do if charged with public corruption in Pennsylvania? Here are some tips:

Get Experienced Legal Counsel

At Spodek Law Group – we pride ourselves on taking a hands-on approach. It means researching the exact situation surrounding your case, and putting in the leg work to be familiar with every single intimate detail. Our firm has excellent work ethics, and we constantly hold firm meetings in order to discuss and address all of our cases. In the event of an emergency – we have a full team of lawyers available to help you. Regardless of how tough your situation is – we are here to help you. Our criminal defense lawyers work hard to have a solution for you, irrespective of the situation you find yourself in. Many clients are often embarrassed by their situation, and don’t speak openly about their alleged issue. We encourage open dialogue, and recommend full transparency – so we can give you the best possible legal advice.

Understand Your Rights

  • You have the right to remain silent and not incriminate yourself
  • Anything you say can be used against you
  • You have the right to legal counsel

Exercise these rights fully. Don’t make any statements to investigators without a lawyer present.

Preserve Evidence

Keep any documents, emails, recordings or other potential evidence. Don’t destroy anything that could be relevant.

Be Prepared for Aggressive Prosecution

Public corruption cases are a top priority for prosecutors. They will use substantial resources to build a strong case. Having an equally vigorous legal defense is crucial.

Consider All Options

Depending on the circumstances, alternatives like pleading to reduced charges, cooperation, or other negotiated resolutions may be possibilities to explore with your lawyer.

Why Hire Spodek Law Group?

At Spodek Law Group, we have extensive experience defending clients against public corruption allegations at all levels – federal, state and local. Our attorneys understand the complexities of these cases and the severe penalties at stake. We’ll examine every angle to craft the strongest possible defense strategy, whether that’s:

  • Challenging the prosecution’s evidence and legal theories
  • Raising constitutional issues like entrapment or prosecutorial misconduct
  • Negotiating for reduced charges or an acquittal at trial

Our firm takes a comprehensive, meticulous approach tailored to each client’s unique situation. We’ll walk you through the process, protect your rights, and fight tirelessly to secure the best outcome. Public corruption charges can derail careers and devastate lives. Don’t take chances with less than the strongest legal representation. Contact Spodek Law Group today for a free, confidential case evaluation.

Real Client Stories

 Here are a few examples:

Elected Official Cleared of All Charges

A Pennsylvania mayor was accused of accepting bribes related to municipal contracts. Prosecutors claimed he took over $100,000 in payments from vendors in exchange for approving their contracts. Our defense team uncovered evidence the payments were actually lawful campaign contributions rather than bribes. We also highlighted the mayor’s long record of public service. At trial, the jury acquitted the mayor of all 27 corruption charges after just a few hours of deliberation.

Reduced Sentence for Businessman

A business owner was convicted of bribing a city official to obtain municipal contracts worth millions. He was facing over 10 years in federal prison under the sentencing guidelines. Our attorneys emphasized his cooperation, acceptance of responsibility, and lack of any prior criminal record. We also presented evidence of his charitable works and community ties.The judge granted a downward departure, sentencing him to just 3 years despite the government’s push for a harsher penalty.

Public Official’s Pension Preserved

A former state legislator pled guilty to a corruption charge for failing to report a conflict of interest. Typically this would result in the loss of her substantial government pension. Our team negotiated a deal where she kept her pension in exchange for her cooperation and a longer period of home confinement rather than prison time.While no outcome is guaranteed, these examples show our ability to achieve favorable results even in serious public corruption prosecutions.

.At Spodek Law Group, our public corruption defense team has the skills, experience and resources to protect your rights and future. We’ll stand up to prosecutorial overreach and fight for the best possible resolution to your case. Don’t try to navigate this legal minefield alone. Our attorneys will guide you through every step. Contact us today for a free, confidential consultation.

Lawyers You Can Trust

Todd Spodek

Founding Partner

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RALPH P. FRANCHO, JR

Associate

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JEREMY FEIGENBAUM

Associate Attorney

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ELIZABETH GARVEY

Associate

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CLAIRE BANKS

Associate

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RAJESH BARUA

Of-Counsel

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CHAD LEWIN

Of-Counsel

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