Bribery is a challenging criminal charge for defendants. Offering a bribe may seem like an easy and fast way to get something done, but bribery is always illegal.
It is vital to get help from a Rochester bribery lawyer if you are facing these charges. They can help you understand the charges against you, challenge the government’s evidence, and help you explore your defense options.
One of the first things a Rochester attorney will do is determine whether your bribery charges are state or federal. The state recognizes two types of bribery: one involving public officials and the other involving commercial settings. Regardless of the type, they both involve exchanging something of value to try to influence behavior. However, trying to bribe public officials is often a more serious offense.
When a person offers, promises, or gives something of value to a public service official in an attempt to influence their actions, it is an act of corruption. Any attempt to sway decisions, get preferential treatment, or gain favor in any way is bribery.
Minnesota Statutes § 609.42 prohibits bribery. It makes it illegal for individuals to give or offer, directly or indirectly, any reward or consideration to a public officer or employee that the official is not legally entitled to receive. The goal of the gift is to influence the recipient’s official behavior. Additionally, anyone accepting the consideration can be guilty of bribery as well.
In addition to criminal penalties that can include up to 10 years in jail and fines of up to $20,000, there may be civil penalties. For example, officials convicted of corruption may be subject to removal from their position, including public office.
Bribery is not limited to public officials. Minnesota Statutes § 609.86 outlines commercial bribery, defining it as a person offering a benefit to an employee or agent with the intent to influence their employer’s business affairs or otherwise harm the employer’s business.
Commercial bribery also occurs when someone tries to influence the business’s decisions. For example, if someone attempts to bribe one of the employees to do something favorable for them, giving them an advantage over other customers, clients, suppliers, or others, it may be considered bribery. Likewise, if an employee requires someone to give them something of value in order to perform their job, it is considered commercial bribery.
Commercial bribery can be challenging to prove because of the concept of tipping. People tip employees in a wide range of circumstances, with the intended goal of getting better service. The line between tipping for service and trying to bribe someone can be difficult to distinguish. For defendants, this can be an effective defense strategy if the facts support the idea that the money was a gratuity, not an attempt to influence a business decision.
Whether you are being charged with attempting to bribe a public official or bribing someone in a commercial setting, the potential punishments can be severe, including fines and prison time.
The unofficial consequences can be even more substantial. People convicted of bribery may be ineligible for many jobs and lose their reputations. These real-life consequences can be more damaging than the actual criminal charges for some people.
A bribery lawyer in Rochester can review the facts of your case and determine which defense strategy may be most compelling for your situation.
Bribery and public corruption are serious offenses that can come with severe consequences. Whether you are being accused of trying to bribe a public official or being accused of accepting a bribe, you could face prison time, fines, restitution, and more. A Rochester bribery lawyer may be able to help. Schedule a consultation with an attorney from Kohlmeyer Hagen, Law Office Chtd. to explore your options.
