Practice Area - Philadelphia Bribery Defense
Bribery
What is bribery?
Bribery is a white
collar crime in which money, a favor or something else of value
is promised to, given to, or taken from an individual or corporation
in an attempt to sway his or its views, opinions, or decisions. For
example, if an electoral candidate offered bottles of liquor in exchange
for votes, it would be considered a bribe, and therefore, a crime.
What are the different types of bribery, and what punishments do they
carry?
Types of bribery include the following:
- Bribery by/of a public official or by/of a witness
Any public official (anyone acting on behalf of the United States,
such as a senator, witness, or juror) who demands, receives, or accepts
a bribe in exchange for orchestrating an illegal change in his duties
will be fined not more than three times the value of the incentive
and/or imprisoned for not more than 15 years. The public official
may also be prohibited from holding any political or government office
in the United States.
Conversely, anyone who offers a bribe to a public official will be fined
and/or imprisoned for not more than two years.
Any witness who demands, receives, or accepts a bribe in exchange for
altered testimony faces a fine of three times the value of the bribe
and/or up to 15 years in prison, while anyone who bribes a witness faces
a fine and/or up to two years in prison.
- Bribery of a foreign official
In 1997, The U.S. Congress passed The Foreign Corrupt Practices Act,
which made it illegal for an American corporation to bribe a foreign
government official with money or gifts in hopes of landing or maintaining
important business contacts. According to the act, all publicly traded
companies must keep records of all business transactions—even
if the companies do not trade internationally—to ensure that
this act is not being violated.
However, in the act, there are loopholes of which
many U.S. corporations take advantage. For example, the act permits “grease payments”,
which are incentives paid—without penalty—to foreign officials
to help expedite the completion of paperwork and to ensure the receipt
of licenses or permits.
- Bank Bribery
According to the Bank Bribery Amendments Act of 1985, 1) the solicitation
of an employee, director, etc. in any capacity in exchange for business
and 2) the acceptance of anything (including meals, entertainment,
and accommodations during travel) but a legitimate salary, wages
and fees from anyone in connection with the bank’s business
are prohibited. If any representative of a bank accepts a bribe,
he will be fined three times the value of the incentive, or he will
be imprisoned for not more than thirty years. However, if the value
of the bribe is less than $1,000, the representative will be fined
but sentenced to not more than one year in jail.
If a bank official is offered a bribe, he must disclose all information
to the bank so that the situation may be addressed appropriately.
- Bribery in Sporting Contests
A sporting official who accepts a bribe in exchange for a promise to “fix” a
sporting event is guilty of bribery and may be punished under Title
18 of the United States Code, Sect. 224. For example, if a referee
is convicted of “throwing” a major sporting event, he will
be fined, imprisoned for up to five years, or both.
Contact the the Philadelphia Law Offices of Attorney William Spade
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