Public corruption offenses cost the United States government and citizens billions of dollars each year. Keep reading to learn more.
Determining Public Corruption
As noted, public corruption costs our country billions of dollars each year. Searching for, investigating, and prosecuting those who commit public corruption is a top priority of the FBI in the United States. Public corruption can erode the public’s trust in government which poses a threat not only to our way of life, but to the national security of our country.
Public corruption is when a government official, either elected, appointed, or hired, uses their public position to gain a personal advantage. There are many forms of public corruption, but at the core of each one is usually money, and definitely betrayal. While the word “corruption” is a broad term, the legal definition of corruption has been narrowed in recent years making it more difficult to regulate the role of money in politics.
Public corruption has had a wide impact on the history of our country, and continues to be a source of public concern in our current society. Both Democratic and Republican administrations have had their share of corruption offenses and continue to do so. Interest in public corruption scandals is always high because those committing the misconduct are those who were trusted with much power.
The wrongdoings associated with public corruption include federal bribery, federal gratuity, mail, wire, and honest services fraud, extortion, robbery, election crimes, embezzlement, kickbacks, and many more crimes that diminish trust in public and government officials. There are many federal laws and statutes against public corruption that aim to restore faith in the systems that run our society. These statutes and the enforcement of them are consistently evolving driven by legislative action, court rulings, and shifting priorities.
Federal Laws Against Public Corruption
There is no single law against public corruption, rather various laws in Title 18 of the U.S. Code are used to prosecute different types of corruption. Title 18 of the United States Code is the main body of federal criminal law, covering crimes against the United States and the procedures for their prosecution. Some of these federal laws and statutes include:
Federal Program Bribery: This statute criminalizes theft and bribery in organizations, including state and local governments, that receive over $10,000 in federal funds. Individuals who corruptly give or receive something of value in exchange for an official act related to the program are targeted by this statute. The bribery must be agreed upon before the official act in order to be prosecuted, gratuities after the act do not count per a 2024 Supreme Court ruling.
Hobbs Act Extortion: This act makes it a federal crime to obtain property from another person, even with their consent, under color of official right in a manner that affects interstate commerce. “Color of official light” is a term applied to officials who use their position to demand or accept favors or payments in exchange for official acts. An example of this might be a highway patrol officer accepting cash from a driver in exchange for not giving them a ticket.
Honest Services Fraud: This federal statute is based on the theory that government and public officials work as trustees on behalf of the citizens and therefore owe them honesty and loyalty. Taking kickbacks or brides violates the citizen’s right to honest services. In order to obtain a conviction, the prosecution must prove that the defendant engaged in a scheme to defraud by depriving the victim of honest services through kickbacks or bribes.
There are many other statutes and laws that can be applied to convict someone of public corruption. It is important to understand that as a public or government official, the trust of citizens is paramount to your success. Being accused of public corruption, even if you did not commit it, can be career ending.
If You’re Accused of Public Corruption
Being accused of public corruption is a very serious matter as even accusations can ruin a reputation. It is imperative that you secure the assistance of a skilled, experienced criminal defense attorney to help protect your rights. The legal team at the Law Offices of Robert J. DeGroot has the knowledge and expertise to help you against allegations of public corruption. We will help to preserve your reputation, defend your rights, develop a defense strategy, and keep your best interests at the forefront of our work.
If you or someone you know has been accused of public corruption, reach out to the Law Offices of Robert J. DeGroot today!
