Offering money or something of value in exchange for goods or services is usually thought of as free enterprise. But offering a gift, money, or something of value to someone in a position of authority to do or not do something can lead to bribe charges.
Similar to theft crimes, white-collar crimes like bribery usually occur in the corporate or political realm. Bribes can encompass anyone in authority, such as sports officials, as well as judges, jury members of federal criminal cases, public officials, and peace officers, but are not limited to these.
Although Florida does have laws relating to bribe charges, most fall under federal laws, meaning the federal government will file those charges. Whether the investigation is by the FBI, SEC, FTC, ATF, or other federal agencies, investigations can take months or even years before an arrest is made.
These agencies have unlimited resources to seek out and get a conviction, and they will work hard to get one. Farkas & Crowley’s experienced defense team has years of experience defending clients in federal court on bribery charges and other offenses. We will work just as hard to build your defense, protect your rights, and prove your innocence in court.
Bribery is the act of offering money or something else of value to another individual to curry favor and gain influence, or in exchange for something else. That exchange can be anything from offering a police officer money not to write a ticket or make an arrest to offering remuneration to a judge to dismiss charges or give a shorter jail term. Both offering and accepting bribes are crimes.
Public officials are not the only people who might be offered bribes, and it can happen at the corporate level as well. Offering bribes to a bank officer who is in a position to affect a transaction that someone is involved with for influence is also a crime.
Under 18 U.S.C. § 215(a)(1), a bank officer is defined as an employee, agent, director, or another related position in any financial institution. Additionally, accepting or paying kickbacks for referrals is a related crime called “kickbacks” and is covered in 18 U.S. Code § 220.
The prosecution must show that:
• The recipient or intended recipient is a public official
• The defendant must directly or indirectly give something or promise something of value to the official
• The defendant gave something to the official to encourage them to violate their lawful duty
These allegations are also used for the public official who seeks out or demands a bribe.
Prosecutors must prove each allegation beyond any reasonable doubt. They may be unable to bring charges without sufficient evidence.
Not all situations are actually bribery, but it’s up to you as the defendant to show that it wasn’t. Bribes charges go beyond giving someone a Starbucks card as a thank-you gift.
One defense is to attack the prosecutor’s case. Is the person intended for the bribe a public official? If not, and no intent to bribe existed, there may not be a case.
Another defense is to determine if there was a case of quid pro quo, or offering a bribe in exchange for something else. That is a direct connection between the payment to the public official and expecting that payment to produce a specific act from that public official.
Some public officials interact with the public, and those interactions may involve exchanges that may not be a crime under federal bribery laws but may be otherwise unethical. Therefore, it’s important to understand the difference between a quid pro quo action and an engagement that doesn’t qualify as bribe charges.
Because bribes charges are considered white-collar crimes, they are usually charged at the federal level. If convicted, a person can face penalties such as:
• Fifteen years in prison for bribing a public official along with fines of as much as three times the amount paid in bribes
• Fifteen years in prison for bribing a port authority figure
• Five years in prison for bribing a sports official
• Thirty years in prison for bribing a bank official along with fines of $1 million
Just because the public official someone attempted to bribe didn’t have the power or authority to carry out the act they were approached about doesn’t mean that the person offering the bribe won’t face charges.
In Florida’s complex legal landscape, bribery accusations can have severe consequences, threatening your reputation, career, and freedom. At Farkas & Crowley, we understand the gravity of these charges and the nuanced nature of bribery cases. Our experienced federal criminal defense attorneys bring decades of combined experience in successfully navigating the intricacies of Florida’s anti-corruption laws.
If you have been arrested for a federal offense like bribe charges, contact the criminal defense attorneys at Farkas & Crowley today. We offer aggressive representation, and we will not rest until we get a favorable outcome for your federal case. We’re committed to providing aggressive, strategic bribe charges defense tailored to your unique situation, ensuring your rights are protected every step of the way.
Our federal criminal attorneys in Florida have experience with federal court systems, and we are here to help you. Call us now for a free consultation at 561-444-9529. We’re available 24/7 when you need us.
Looking for a criminal law firm? Farkas & Crowley, P.A. are the attorneys for you. They are extremely knowledgeable of the law and go the extra mile for their clients. Their expertise and impeccable work ethic are hard to beat. Available 24/7. Highly recommended.
-Marla Newman
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West Palm Beach, FL 33401
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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship. No content on this site may be reused in any fashion without written permission from criminal defense attorneys at Law Office of Farkas & Crowley, P.A.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. No content on this site may be reused in any fashion without written permission from criminal defense attorneys at Law Office of Farkas & Crowley, P.A.
