Federal Bribery Lawyers
If you’re facing federal bribery charges under 18 USC Section 201, time is of the essence. The Law Offices of Jonathan F. Marshall focuses in federal criminal defense and can provide the professional legal counsel you need. Don’t leave your future to chance; act now to secure experienced representation. To discuss your case and explore your legal options, contact us at (877) 534-7338 or online. Our experienced bribery attorneys are here to help navigate you through the complexities of federal law.
Understanding the laws related to bribery is crucial for anyone navigating the federal legal system in the United States. One of the central laws that governs this area is 18 USC Section 201, which focuses on the bribery of public officials and witnesses. This law serves as a cornerstone in maintaining the integrity of government operations and legal proceedings. Below is a synopsis of what the statute entails.
How The Law Is Defined
Who Is A Public Official?
According to the statute, a “public official” is broadly defined as any Member of Congress, Delegate, Resident Commissioner, officer, or employee of the United States. This includes anyone acting on behalf of any federal department, agency, or branch, as well as jurors.
What Does “Person Selected To Be A Public Official” Mean?
This term refers to anyone who has been nominated or appointed to become a public official or has been informed that they will be nominated or appointed as such.
What Constitutes An Official Act?
An “official act” means any action or decision related to any matter, suit, controversy, cause, or proceeding, that is or could be before a public official in their official capacity.
Acts Of Bribery
Offering Bribes
The law prohibits anyone from directly or indirectly offering anything of value to a public official with the intent to influence an official act. It is also illegal to offer bribes to induce a public official to commit fraud against the United States or to do or omit doing an act in violation of their lawful duty.
Accepting Bribes
Conversely, if you are a public official, the law makes it illegal for you to demand or accept anything of value in return for influencing an official act. It’s also illegal to accept bribes in return for committing fraud against the United States or for doing or omitting an act contrary to your official duties.
Bribery And Witnesses
The statute also covers the bribery of witnesses. Offering or accepting anything of value to influence the testimony of a witness in any federal trial, hearing, or other proceeding is strictly prohibited.
Penalties
Violators of this statute could face serious repercussions. Penalties may include a fine or imprisonment for up to 15 years, or both. In addition, the violator could be disqualified from holding any office of honor, trust, or profit under the United States.
Additional Provisions
Exceptions For Legal Witness Fees
The statute does make an exception for legal witness fees and reasonable costs of travel and subsistence for attending trials, hearings, or proceedings.
Separate Offenses And Penalties
Lastly, the statute clarifies that the offenses and penalties it prescribes are separate from and in addition to those described in Sections 1503, 1504, and 1505 of the U.S. Code.
Defenses To Bribery Charges Under 18 USC Section 201
No Official Act Involved
One of the key elements in a bribery charge under 18 USC Section 201 is that the alleged bribe must be in exchange for an “official act.” If you can demonstrate that the act for which the bribe was supposedly given does not meet the statute’s definition of an “official act,” you may have a valid defense. An official act means as any action or decision on any matter, cause, controversy, question, suit, cause, or proceeding that may be pending or that may by law be brought before any public official in their official capacity.
Absence Of Corrupt Intent
The statute clearly mentions the term “corruptly” as a prerequisite for both offering and accepting a bribe. Demonstrating the absence of corrupt intent can potentially negate an essential element of the crime. If the prosecution cannot prove beyond a reasonable doubt that you acted “corruptly,” it could weaken their case against you.
No Thing Of Value Exchanged
A bribery charge under this statute necessitates the exchange of “anything of value.” If the defense can prove that what was exchanged does not have value, or was not intended to be a bribe, it could serve as a viable defense. However, it’s essential to remember that “anything of value” is often broadly interpreted by courts.
Witness Fees And Expenses
18 USC Section 201(d) explicitly states that the payment or receipt of legal witness fees and the reasonable costs of travel and subsistence for attending trials or hearings are not considered bribery. If the only value exchanged falls into these categories, you may be able to argue that no illegal bribery occurred.
Lack Of Evidence
A common defense in criminal cases, including bribery charges, is the simple lack of evidence. If the prosecution cannot prove every element of the crime beyond a reasonable doubt, then the charges should not hold.
Official Duty Exception
18 USC Section 201 allows for payments “provided by law for the proper discharge of official duty.” While this isn’t a blanket exemption, there may be instances where the payment was legal and part of the public official’s duty.
Separate Offenses
As the statute mentions, the offenses and penalties are separate from those described in Sections 1503, 1504, and 1505 of the U.S. Code. If your actions fall under these separate offenses, it could influence your defense strategy, even though they are considered separate offenses under the law.
Frequently Asked Questions About Bribery Under 18 USC Section 201
What Is Considered Bribery Under 18 USC Section 201?
According to 18 USC Section 201, bribery includes giving, soliciting, offering, or receiving something of value as a means to affect the actions of a public official in their official capacity. The statute also covers bribery aimed at influencing testimony in legal proceedings and other matters before federal courts or agencies.
Who Is Defined As A ‘Public Official’ In This Statute?
The term “public official” is broadly defined and includes Members of Congress, Delegates, or Resident Commissioners, as well as officers or employees acting for or on behalf of the United States in any official function. Even jurors are considered public officials under this statute.
What Constitutes An ‘Official Act’?
An “official act” refers to any decision or action on any matter, question, cause, suit, proceeding, or controversy that may be pending or may by law be brought before a public official in their official role.
What Penalties Are Associated With A Bribery Conviction?
Convictions under this statute can lead to hefty fines, imprisonment for up to 15 years, or both. Additionally, the convicted individual may be disqualified from holding any federal office of honor, trust, or profit.
Are Witness Fees Considered Bribes?
No, the statute explicitly excludes witness fees and other legally provided costs, such as reasonable travel and subsistence expenses for attending a trial, from being considered as bribes.
What Does ‘Corruptly’ Mean In The Context Of This Law?
The term “corruptly” is used to emphasize the intent behind the act. To be convicted under this statute, it must be proven that the accused acted with corrupt intent to influence an official act or to gain some unlawful advantage.
Federal Bribery Attorneys
If you are facing bribery charges under 18 USC Section 201 or have questions about the federal criminal defense process, time is of the essence. At The Law Offices of Jonathan F. Marshall, our skilled federal criminal defense lawyers are ready to help you navigate the complex legal landscape. Don’t hesitate to contact us at (877) 534-7338 or online for a consultation. Our offices are conveniently located throughout New Jersey, and we are committed to providing you with one of the best legal representation possible.
To learn more about federal crimes, click here.
