Facing Federal Bribery Charges in New York?

Federal bribery charges are among the most serious white-collar offenses prosecuted by the Department of Justice, carrying potential prison sentences of up to 15 years. These charges typically involve allegations that a public official received something of value in exchange for performing or failing to perform an official act.

What does 18 U.S.C. § 201 Cover?

18 U.S.C. § 201 is the federal statute that criminalizes bribery of public officials and witnesses. The statute prohibits both the offering and receiving of bribes, and it applies to federal officials, state and local officials acting in connection with federal programs, and witnesses in federal proceedings. Section 201 covers two distinct offenses: bribery (§ 201(b)) and illegal gratuities (§ 201(c)), each with different elements and penalties. 

Bribery v. Illegal Gratuities: What’s the Difference?

The key distinction between bribery and illegal gratuities lies in the quid pro quo requirement and timing. Bribery under § 201(b) requires proof of a corrupt exchange that something of value was given or promised with the intent to influence a specific official act, or that an official demanded or accepted something in exchange for being influenced. Illegal gratuities under § 201(c), by contrast, involve giving or receiving something of value because of an official act that has already occurred or will occur, but without the corrupt intent to influence that act; this is a lesser offense carrying a maximum sentence of two years, compared to fifteen years for bribery.  

How We Fight Federal Bribery Charges in New York

1. Challenging the Quid Pro Quo Element

The government must prove beyond a reasonable doubt that there was an explicit or implicit agreement to exchange something of value for an official act. Our approach in a federal bribery case is to scrutinize the evidence to establish that any payments, gifts, or benefits were legitimate, such as campaign contributions, ordinary business transactions, or personal relationships, rather than corrupt exchanges. If the government fails to establish the specific “this for that” connection required under McDonnell v. United States, the bribery charge cannot stand.

2. Negating Corrupt Intent

Federal bribery requires proof of corrupt intent that the defendant acted with the purpose of influencing or being influenced in an official capacity. We examine the defendant’s state of mind, communications, and conduct to show that any alleged transactions were innocent, that the defendant believed they were acting lawfully, or that there was no intent to influence official action. Demonstrating good faith, reliance on legal advice, or the absence of concealment can be powerful evidence that corrupt intent was lacking. 

3. Attacking the “Official Act” Requirement

Under McDonnell, an “official act” must involve a formal exercise of governmental power on a specific question or matter involving a formal exercise of governmental power. We challenge whether the alleged conduct qualifies as an official act by showing it was merely routine political activity, setting up meetings, hosting events, or providing access none of which constitute official acts under federal law. If the government cannot prove that the defendant agreed to perform or performed a qualifying official act, the bribery charge fails as a matter of law. 

Possible Sentencing & Penalties in New York

Generally speaking, a conviction pursuant to 18 U.S.C. 201(b) can include penalties of up to 15 years in prison and/or a fine of up to three times the monetary amount of the something of value that you offered to the public official.

If convicted of illegal gratuity to a public official, the penalties include up to two years in a federal prison and criminal fines. If convicted of bribery or reward of a bank officer, the penalties will depend on the amount of the something of value that you offered them.

If convicted of a federal conspiracy within the bribery realm, the penalties will depend on the underlying crime and the goal of the conspiracy. Federal bribery is typically a felony offense, which means a conviction can result in up to five years in prison and criminal fines.

Examples and Related Cases

Our office recently handled a federal bribery case stemming from a long-term public corruption investigation by a U.S. Attorney’s office. In this capacity, we represented an individual who was served with a grand jury subpoena and who the government viewed as a subject of the investigation.

Nonetheless, we successfully proffered with the government that our client did not possess the knowledge nor the documents requested through the subpoena and that the individual, at most, was merely a witness. While the government originally believed that our client was a part of an alleged quid-pro-quo that took place between a government official and private contractor, our package persuaded the authorities otherwise and the client was ultimately never prosecuted. 

Your Defense Begins Now

Bribery, public corruption, and official misconduct are serious offenses that erode public trust and have significant consequences for those involved. If facing allegations of such crimes, the expertise and guidance of a criminal defense lawyer are indispensable. From providing legal advice to conducting thorough investigations and representing clients in court, these lawyers work tirelessly to protect their clients' rights and mount a robust defense strategy.

If you or someone you know is accused of bribery, public corruption or official misconduct, it is crucial to consult with a skilled criminal defense lawyer as soon as possible to ensure the best possible outcome for the case.

The sooner you put your case in the hands of an experienced criminal defense lawyer, the more opportunity you will have to work toward a favorable outcome. Contact The Law Offices of Jason Goldman today.