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Those who have wealth tend to have influence, but those who use their wealth to directly obtain influence in any fashion may be found guilty of one of the more serious white collar crimes: bribery. In the state of New York, bribery charges are divided into two forms: bribery of a public servant and commercial bribery. Both of these charges are considered felonies, and can result in penalties including long prison sentences, large fines, and more.

At Foley Griffin, we are hard-working attorneys who know how to win, and we are dedicated to your success. Since 1997, we have faithfully served our community by giving those facing criminal accusations a chance at the best possible outcome when they face the harshness of our justice system. Our long and outstanding record of victories and case successes has led to numerous highly-satisfied clients and accolades in the legal industry, including perfect 10.0 Superb Ratings from Avvo. We are even sought after as educators for the next generation of legal professionals, and we currently serve as adjunct professors at St. John’s University.

Put an experienced team to work on your side! Call Foley Griffin today by dialing (888) 966-8480 to request a free, confidential consultation and speak with one of our skilled attorneys.

Bribery of a Public Servant

When you work in a government institution or hold a position of power, you are forbidden from taking bribes. It’s not uncommon for business professionals and others who wish to have the government look the other way on their unscrupulous deeds or grant them special privileges to “incentivize” a legislator with a gift. The laws regarding bribery in the public sector are covered under Article 200 of New York Penal Law, which deals with bribery and receiving bribes for public servants.

Bribery of a public servant breaks down as follows:

  • Bribery in the Third Degree - When someone benefits or agrees to benefit a public official in order to sway their judgement, decision, or another action they might take. This is a class D felony and can carry up to seven years in prison.
  • Bribery in the Second Degree - This is the same as bribery in the third degree, but is an escalated charge with the benefit to the public official exceeds $10,000 in value. This is a class C felony and carries up to 15 years in prison.
  • Bribery in the First Degree - This is the same as either bribery in the first or second degree, but is automatically escalated when a public servant is bribed to sway a judgement, decision, arrest, prosecution, or investigation regarding someone who has committed a class A felony crime. This is a class B felony and is punishable by up to 25 years in prison.

Bribery of a Non-Public Servant

Outside of the public sphere, commercial bribery is also a serious crime that involves attempting to purchase a decision or action from someone who holds power. For example, companies are not allowed to bribe employees in their competitors in order to sabotage their business or steal trade secrets. Commercial bribery in the second degree is a class A misdemeanor, which carries a fine of up to $1,000 and a year in prison.

Commercial bribery in the first degree is the same, but is applied when the benefit given exceeds $1,000 in value or the damage resulting from the bribe exceeds $250 in value. Commercial bribery in the first degree is considered a class E felony,carrying penalties of up to four years in prison.

Receiving a Bribe

In both commercial and public servant situations, receiving a bribe is against the law. Depending on the value of the bribe you receive, your penalties could be exactly the same as the ones levied against the one who gave you the bribe in the first place. Additionally, public servants who are convicted are usually removed from office and never allowed to hold a public servant position again.

Have you been accused of bribery? Don’t face your prosecution without a powerful ally on your side! Contact Foley Griffin online now to get started.

 

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