What is Bribery? - Lawpedic

Quick Summary:

Bribery is the act of giving or receiving something of value in exchange for influence or favor. It is illegal in many countries and is considered a form of corruption. It can take many forms, including offering money, gifts, or other favors to officials in order to influence their decisions or actions.

How Can Someone Be Charged With Bribery?

Maria can be charged with bribery if she is alleged to have offered, given, promised, or accepted something of value in exchange for influence or favor. The specific elements of the crime of bribery can vary depending on the jurisdiction, but in general, the prosecution must prove the following elements beyond a reasonable doubt:

An offer, promise, or giving of something of value: This can include money, gifts, services, or anything else that has value.
An intent to influence: The prosecution must prove that the person accused of bribery intended to influence the decision or action of the person receiving the bribe.
An act of corruption: The prosecution must prove that the person accepting the bribe did so corruptly and that the act of accepting the bribe undermined the integrity of the person or the office they hold.
Public or Private nature of the official: Depending on the jurisdiction, prosecution must prove the official involved was a public official or a private individual in a particular profession or industry.

The prosecution may use various types of evidence to prove these elements, such as wiretaps, surveillance, bank records, and witness testimony. If the prosecution is successful in proving all of the elements of the crime of bribery, then the person accused can be charged with the crime and face the penalties and consequences that result from a conviction.

It’s important to note that being charged with bribery doesn’t imply guilt, everyone is innocent until proven guilty in a court of law, it is up to the prosecution to prove their case and the defendant is entitled to mount a defense against the charges.

What Are The Different Types of Bribery?

There are several types of bribery, which can include:

Active bribery: This is when someone actively offers or gives a bribe in order to influence a decision or action. For example, Maria, a businesswoman, offers a government official a large sum of money in exchange for his support of her proposed development project.
Passive bribery: This is when someone accepts a bribe in exchange for influence or a favor. For example, Maria, a government official, accepts a luxury vacation from a construction company in exchange for awarding them a government contract.
Facilitation payment: This is a small bribe paid to officials in order to expedite a routine service, such as issuing a permit or license. For example, Maria, an entrepreneur, gives a small bribe to a city official in order to speed up the process of getting her business permit approved.
Corporate bribery: This is when a company or organization bribes a government official or politician in order to influence decisions or policies that will benefit the company. For example, Maria, the CEO of a large corporation, offers a large sum of money to a politician in order to sway a vote on a bill that would benefit her company.

Is Bribery a Federal or State Crime?

In the United States, bribery is considered a federal crime, and it is prohibited by federal law. The federal statute that criminalizes bribery is found in Title 18 of the United States Code, Section 201. This statute makes it a crime to directly or indirectly give, offer, or promise anything of value to any public official or person acting for or on behalf of the United States government, with the intent to influence an official act.

However, it is also important to note that each state also has its own set of laws and regulations that prohibits and criminalizes bribery. Many states also have laws that prohibit bribery at the state, county, and local levels which can lead to prosecution in state court.

For example, state laws may criminalize bribery in elections or in local government. Also, it can be considered a state crime when the act of bribery happens between private individuals or corporations that are not related to the federal government.

Additionally, some companies, organizations, and industries have their own set of laws and regulations which prohibit bribery in their transactions and may lead to disciplinary actions internally.

Therefore, it’s important to note that bribery can be both a federal and state crime, and a person can be charged with bribery under both federal and state law for the same act.

What Are The Penalties for Bribery?

The penalties for bribery can vary depending on the jurisdiction and the specific circumstances of the case. In general, however, the penalties for bribery can include fines, imprisonment, and/or probation.

Under federal law in the United States, the penalties for bribery can include:

A fine of up to $250,000 for an individual, or up to $500,000 for an organization
Imprisonment of up to 15 years for an individual, or up to 30 years for an organization
Probation, or supervised release, of up to 5 years

Penalties for bribery under state law can vary widely and can be severe as well. Some states have lower maximum fines and shorter maximum prison sentences, while others have higher maximum fines and longer maximum prison sentences.

Additionally, penalties can be more severe if the bribe was particularly large or if the act resulted in significant harm. For example, if a public official accepts a bribe and as a result of that action, significant harm is caused to citizens, or harm to the environment, the penalties might be more severe.

Furthermore, a bribery conviction can also have additional consequences on a person’s personal and professional life. For example, a conviction for bribery can lead to suspension or revocation of licenses, exclusion from government contracts, and damage to a person’s reputation and future career prospects.

The Statute of Limitations for Bribery

The statute of limitations for bribery can vary depending on the jurisdiction and the specific circumstances of the case.

In the United States, the statute of limitations for federal bribery offenses is generally five years. This means that the federal government has five years from the date of the alleged offense to bring charges against a person accused of bribery. The clock starts running on the date of the last act committed in furtherance of the bribery scheme, or if the violation is continuing, from the date of the last instance of the offense.

However, it is also important to note that some state laws may have different statute of limitations for bribery offenses. For example, some states may have shorter or longer statute of limitations. It is also worth to know that in some cases the statute of limitations may be tolled, which means that the clock stops running, and can be extended under certain circumstances such as if the offender is in hiding or if the evidence needed to prosecute the crime was not discovered until a later date.

Possible Defenses to a Bribery Charge

There are several potential defenses to a bribery charge, which can include:

Lack of intent: One of the key elements of a bribery charge is intent to influence. If the defense can successfully argue that the accused did not have the intent to influence or sway a decision or action, then the charge may be reduced or dismissed.
Entrapment: This defense occurs when the defendant can prove that they were induced to commit a crime by law enforcement officials or their agents, who used pressure, harassment, fraud or other illegal means to convince the defendant to commit the crime.
Duress: This defense occurs when the defendant can prove that they committed the crime because they were under a threat of harm or injury if they did not comply. This can be used as a defense when the defendant was forced by someone else to participate in the act of bribery.
Insufficient Evidence: This is a common defense in criminal cases. If the defense attorney can successfully argue that the prosecution does not have enough evidence to prove all of the elements of the crime of bribery beyond a reasonable doubt, then the charges may be dismissed.
Mistake of Fact: This defense argues that the defendant did not commit the crime intentionally, but rather acted under a mistaken belief or misunderstanding of the facts.

How Would Bribery Be Proven In Court?

Proving bribery in court can be challenging for the prosecution, as it often involves evidence that is circumstantial or based on the testimony of witnesses. The prosecution will typically use a variety of evidence to build their case, including:

Direct Evidence: This includes any statements or confessions made by the accused admitting to the crime of bribery, or statements made by the person who received the bribe.
Circumstantial Evidence: This includes any evidence that suggests the crime of bribery has taken place. For example, financial records, email or text message exchanges, and other types of documentation or physical evidence that show a transaction or exchange of value took place.
Witness Testimony: This includes testimony from witnesses who have knowledge of the bribery, such as those who were present at the time of the offer, those who saw the exchange of value, or those who have knowledge of the intent of the parties involved.
Expert Testimony: This includes testimony from experts, such as forensic accountants, who can provide analysis of financial records and other types of evidence to help demonstrate the elements of bribery.

The prosecution will have to prove every element of the crime of bribery beyond reasonable doubt for a conviction. Therefore, the prosecution will have to demonstrate that the accused intended to influence or sway a decision or action, that the bribe was offered or accepted, and that the act was done with the intent of corrupting the system or individual.

It’s worth mentioning that the defense may also present evidence and witness to prove that the defendant is innocent, or to create doubt in the prosecution’s case. Such as, showing that the defendant did not have the intent to influence or sway a decision or action, that the defendant was entrapped, or that the prosecution does not have enough evidence to prove all of the elements of the crime of bribery beyond a reasonable doubt.

Can a Company Be Charged With Bribery?

Yes, a company can be charged with bribery. In fact, companies are often held liable for the illegal acts of their employees, officers, and agents. This can include acts of bribery committed by employees acting within the scope of their employment or with the knowledge or consent of the company.

When a company is charged with bribery, it is typically charged as an organization rather than an individual. The charge will likely be for violating anti-bribery laws, such as the U.S Foreign Corrupt Practices Act (FCPA) which prohibits companies and individuals from bribing foreign government officials.

The penalties for a company found guilty of bribery can include heavy fines, debarment from government contracts, and other civil or criminal penalties. A company can also face reputational damage, loss of business, and negative impact on stock prices as a result of a bribery conviction.

Additionally, company’s officers, executives, and agents can also be charged with bribery for their actions, and even face individual criminal penalties.

Public vs Private Sector Bribery Charges

Bribery is generally considered illegal in both the public and private sectors. The criminal or civil laws that prohibit bribery are applicable to both sectors. However, there may be some differences in the specific laws and penalties that apply to each sector.

In the public sector, bribery can refer to the offering or acceptance of bribes by government officials or employees in exchange for official acts or decisions. This type of bribery is typically prosecuted under federal or state anti-corruption laws. Public officials may also be held liable under other federal or state laws, such as laws related to the abuse of public trust, or the theft of public funds. Public sector bribery can also lead to administrative sanctions such as loss of job, pension and benefits.

In the private sector, bribery can refer to the offering or acceptance of bribes by individuals or companies in the private sector, such as in the business and commercial context. This type of bribery is typically prosecuted under federal or state commercial bribery laws, or under laws related to fraud, extortion, or racketeering.

It’s worth noting that there are international laws and agreements that prohibit companies from bribing foreign officials, such as the U.S Foreign Corrupt Practices Act (FCPA) and the United Nations Convention Against Corruption (UNCAC). These laws and agreements can apply to companies regardless of whether the bribery is in the public or private sector.

In general, the severity of the penalties and sanctions will depend on the jurisdiction and the specific circumstances of the case. Both individuals and companies can face significant fines, prison time, and other penalties for bribery, as well as the damage to reputation and future prospects.

Legal Distinctions Between Gifts, Gratuities, and Bribes?

In general, gifts, gratuities, and bribes are all considered to be something of value given to someone, but they differ in their intent and legality.

Gifts are given freely, with no expectation of anything in return. They are not given to influence or sway a decision or action, and they do not involve any kind of corrupt intent.

Gratuities are similar to gifts, but they are typically given to someone in a position of power, such as a government official or business executive, with the expectation that the person receiving the gratuity will show favor or provide better service in return. While gratuities may not be illegal, they may be unethical or a violation of professional standards.

Bribes, on the other hand, are given with the intent to influence or sway a decision or action. They are given in return for something that is illegal or unethical, and they involve a corrupt intent. Bribery is a criminal offense.

It’s worth noting that laws and regulations on what is considered a gift, gratuity, or bribe can vary between jurisdictions. For example, in some jurisdictions, there might be limits on the value or frequency of gifts or gratuities that can be given to public officials. In some cases, it might be illegal to give any gifts or gratuities to government officials. Additionally, some companies or organizations have their own policies and regulations on gift, gratuities and bribes, which could have further restrictions. Therefore, it’s important to be familiar with the laws and regulations in your specific jurisdiction or industry.

When to Seek an Attorney

important to seek the advice of an attorney as soon as possible. An attorney can help you understand your rights and the potential legal consequences of your actions, as well as advise you on the best course of action.

Here are some specific situations when you should consider seeking an attorney:

If you are under investigation for bribery: If you are aware that you are under investigation for bribery, it is important to seek legal counsel immediately. An attorney can help you understand the charges against you, as well as develop a defense strategy. They can also advise you on your rights during an investigation and help you navigate the legal process.
If you are charged with bribery: If you are formally charged with bribery, it is important to seek an attorney right away. An attorney can help you understand the charges against you, develop a defense strategy, and represent you in court. They can also advise you on the potential penalties and consequences of a conviction.
If you have been approached or have been offered a bribe: If you have been approached with an offer of a bribe, or if you are considering offering a bribe, it is important to seek legal advice immediately. An attorney can help you understand the legal implications of your actions and advise you on the best course of action to take.
If you suspect that a company or an employee is engaged in bribery: If you suspect that a company or an employee is engaging in bribery, it is important to seek legal advice to understand the implications of such actions and any potential liability for the company, its shareholders, executives and employees.

If your company is facing an investigation or charges related to bribery, it is important to seek legal counsel right away. An attorney experienced in white collar crime can help the company understand the charges against it, develop a defense strategy, and represent the company in court. They can also advise the company on potential penalties and consequences, such as fines, debarment from government contracts, or reputational damage. Additionally, attorney can help the company navigate the internal investigation process and take any appropriate actions to prevent any future occurrences of bribery.

In any of these situations, an attorney can provide valuable guidance and support, and help to protect your rights and interests. It is important to remember that bribery is a serious crime and that a conviction can have severe consequences, so it is essential to have legal representation throughout the legal process.