BriberyBribery, which is synonymous with pecuniary corruption, can generally be defined as the making or receiving of illegal payments to persons in official positions as a means of influencing their official duties or decisions. 18 U.S.C. Section 201, the federal law addressing bribery criminalizes both the making and receiving of bribes. Possible punishments for offenses described under 18 U.S.C. Section 201 vary depending upon the position of the public official illegally bribed or influenced, the means of bribing or influencing, and/or the type of proceedings affected. These punishments can be found in 18 U.S.C. Section 1503, 1504, and 1505 and range from a monetary fine and/or imprisonment from six months to twenty years or in the case of illegally influencing a criminal trial, the possible punishment for bribery includes any possible punishment that may have been imposed in the underlying criminal case illegally affected. Depending on the circumstances, there are numerous defensive strategies that can be employed to successfully defend against a bribery charge. If you or a loved one are being investigated for a bribery charge or have already been formally charged, the Law Offices of Roderick C. White will gladly meet with you to discuss the aggressive defensive strategies available. Below are links to a more detailed discussion of some common federal bribery charges: • BRIBERY OF A PUBLIC OFFICIAL 18 U.S.C. section 201(b)(1) makes it a crime for anyone to bribe a public official. In order to convict the government must prove each of the following beyond a reasonable doubt: That the individual charged directly or indirectly gave, offered, or promised something of value to a public official; and That the individual did so corruptly with intent to influence an official act by the public official, persuade the public official to omit an act, or persuade the public official to do an act in violation of his lawful duty. An act is "corruptly" done if it is done intentionally with an unlawful purpose. The term "public official" means Member of Congress, Delegate, or Resident Commissioner, either before or after such official has qualified, or an officer or employee or person acting for or on behalf of the United States, or any department, agency or branch of Government thereof, including the District of Columbia, in any official function, under or by authority of any such department, agency, or branch of Government, or a juror. The term "person who has been selected to be a public official" means any person who has been nominated or appointed to be a public official, or has been officially informed that such person will be so nominated or appointed. The term "official act" means any decision or action on any question, matter, cause, suit, proceeding or controversy, which may at any time be pending, or which may by law be brought before any public official, in such official's official capacity, or in such official's place of trust or profit. RECEIVING BRIBE BY PUBLIC OFFICIAL 18 U.S.C. section 201(b)(2) makes it a crime for a public official to demand, seek, receive, accept, or agree to receive or accept a bribe. In order to convict the government must prove each of the following beyond a reasonable doubt: That the individual charged, a public official, directly or indirectly demanded, sought, received, accepted, or agreed to receive or accept something of value personally, for another person, or for an entity; and That the individual did so corruptly in return for being influenced in his performance of an official act was persuaded to omit an act in violation of his official duty or was persuaded to do an act in violation of his official duty. An act is "corruptly" done if it is done intentionally with an unlawful purpose. The term "public official" means Member of Congress, Delegate, or Resident Commissioner, either before or after such official has qualified, or an officer or employee or person acting for or on behalf of the United States, or any department, agency or branch of Government thereof, including the District of Columbia, in any official function, under or by authority of any such department, agency, or branch of Government, or a juror. The term "official act" means any decision or action on any question, matter, cause, suit, proceeding or controversy, which may at any time be pending, or which may by law be brought before any public official, in such official's official capacity, or in such official's place of trust or profit. ILLEGAL GRATUITY TO A PUBLIC OFFICIAL 18 U.S.C. section 201(c)(1)(A) makes it a crime for anyone to give, offer, or promise anything of value to a public official for or because of an official act performed or to be performed by that official. In order to convict the government must prove each of the following beyond a reasonable doubt: That the individual charged directly or indirectly gave, offered, or promised something of value to a public official; and That the individual did so for or because of an official act performed or to be performed by the public official. The Government must prove a link between a thing of value conferred upon a public official and a specific 'official act' for or because of which it was given. The term "public official" means Member of Congress, Delegate, or Resident Commissioner, either before or after such official has qualified, or an officer or employee or person acting for or on behalf of the United States, or any department, agency or branch of Government thereof, including the District of Columbia, in any official function, under or by authority of any such department, agency, or branch of Government, or a juror. The term "official act" means any decision or action on any question, matter, cause, suit, proceeding or controversy, which may at any time be pending, or which may by law be brought before any public official, in such official's official capacity, or in such official's place of trust or profit. RECEIVING ILLEGAL GRATUITY BY PUBLIC OFFICIAL 18 U.S.C. section 201(c)(1)(B) makes it a crime for a public official to demand, seek, receive, accept, or agree to receive or accept anything of value personally for or because of an official act performed or to be performed by that official. In order to convict the government must prove each of the following beyond a reasonable doubt:
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