Bribery 101

Bribery refers to the offering, soliciting, giving, or receiving of any item of value as a means of influencing the actions of an individual holding a public or legal duty. The person being offered the money does not have to complete the act desired by the bribe for bribery to have taken place. They can agree to the terms, take the bribe, not carry out the intended act and still have committed a felony!

There are two basic types of bribery: active and passive. Active bribery occurs when a party offers a bribe to another in exchange for a favor. Passive bribery occurs when a party solicits a bribe from another in exchange for a favor. Both are considered illegal. 

Although the cases of bribery that garner the most attention, and the most severe consequences, are those linked to politicians or industry leaders, bribery can occur in many areas of general life. Some examples of bribery include: 

• Making payments to a county officers re-election campaign in exchange for a county business contract 
• Promising to rule a certain way in a court case if one of the parties gives the judge’s child a job 
• Agreeing to make certain calls in a sports game in exchange for money 
• Receiving a higher grade in school in exchange for gifts 

While some of these scenarios seem more serious than others, bribery is still taking place. Bribery requires a “quid pro quo” exchange, which means getting something for the bribe; as long as that has taken place, so has the act of bribery. 

Specific Types of Bribery 

Bribery of Public Officials: Federal law prohibits a range of activities that might affect how the government functions including bribery intended to influence public officials or misuse of power by officials to benefit themselves or others. “Public official” is defined as elected members of Congress and other legislative bodies, both after their election or appointment and after they take office. The definition also extends to employees, agents, and officers who have the authority to act on behalf of the government, as well as jurors serving in a civil or criminal trial.

Bribery of Jurors and/or Witnesses: Giving or offering something of value to someone in order to influence his or her sworn testimony, such before a court or legislative committee, is also considered bribery under federal law and most state laws. Attempting to influence jurors in a civil or criminal trial is also illegal. The reverse situation, jurors or witnesses demanding something in exchange for their favorable testimony or deliberation is considered bribery. 

Commercial Bribery: Commercial bribery involves giving or offering something of value to an employee or agent of a business in order to obtain a benefit, as well as soliciting or demanding something of value from someone other than one’s employer in exchange for using one’s position to benefit that person. 

Kickbacks, a direct payment or gift of some value given to secure a business advantage, are common in this type of bribery. An example would be a construction company giving money to a school official to secure a contract with the district to build a new school. 

Investigating Bribery 

Bribery investigations may involve Federal and/or State law enforcement officials depending on the bribery that has taken place. Law enforcement may be tipped off by an anonymous source, or they may engage in an undercover investigation to collect evidence. Once the evidence is collected, it is turned over to the prosecutor’s office who will then issue charges of bribery. 

Penalties for Bribery 

Penalties for bribery will vary by state and depend on who and what was involved. In many states, bribery (both receiving and giving bribes) is a felony if it involves public or appointed officials, judges, witnesses, or jurors. Other types of bribery may be considered misdemeanors. 

A felony bribery charge will result in more than one year in prison; typically sentences range from 5 to 10 years based on the bribe, and hefty fines. A misdemeanor bribery charge can result in up to a year in jail. 

If You are Accused of Bribery 

If you are facing bribery charges, you should seek the help of a criminal defense attorney who has experience defending against bribery charges. Avoid talking to investigators until you have secured the assistance of a qualified attorney. The Law Offices of Robert J. DeGroot can help defend your rights by looking into all possible defenses. 

If you or someone you know is facing bribery accusations, reach out to the Law Offices of Robert J. DeGroot today.