Bribery

Bribery is defined as the act of influencing or changing the action of certain individuals, usually law enforcement, in order to evade punishment. This action is synonymous with corruption. While there isn’t any agreement needed to prove this crime, it is usually up to the prosecutors to show that there was an intent to sway the behavior. 

In this case, both the briber and the one accepting the bribe can be charged. Attempts and failures to report bribes are also chargeable crimes. 

Under the Model Penal Code, the attempts to bribe exist at common law and the punishment for this is almost always identical to the act of bribing itself. The solicitation also qualifies as a crime.

Economists consider the negative effects of bribery since it encourages rent-seeking behavior or an individual’s attempt to influence the open market to provide said individual with a disproportionate amount of wealth. This results in a depressed economic growth. 

What Comprise a Bribery Charge?

When it comes to bribery charges, one only needs to prove that an official was solicited money in exchange of money. In bribery, both the person asking for the bribe and the one offering the bribe could face criminal charges. Like in all legal cases, evidence is key. Evidence in the form of recorded calls and bodycam videos are incriminating and could result in fines or prison time.

There are certain elements that the law uses in order to prosecute an individual or organization for bribery. These include: 

• The one being bribed is a public official
• The value offered could be tangible such as money or intangible such as influence or official support
• There is an act that could be influenced by bribery
• The official in question has the power to commit the act
• Intent must be established on the end of the bribing party
• A connection between the two parties must be established instead of a mere coincidence.

What are Other Examples of Bribery?

Bribery has been around for a long time but it happens at the state level and the federal government and even in the private sector. It happens in sports where one athlete may offer another to lose. Even companies engage in bribery by bribing rival companies for recruitment services, which could spell as a breach of contract. There is a certain law on bribery, namely: 

• Foreign Corrupt Practices Act of 1977-This act makes it unlawful for a U.S Citizen and foreign issuers to pay foreign officials to obtain business. This act made business dealings complicated, especially since most are influenced by gifts and monetary value.

Are you currently facing bribery charges or charges related to any white-collar crimes such as embezzlement, racketeering, and fraud? If so, know that there is always an attorney ready to defend you in court. Contact a seasoned San Luis Obispo bribery attorney now.