Bribery of Public Servants (Article 200 of NY Penal Law)
In New York State law, bribery is considered the act of offering some benefit to a public official in return for a favour. Depending on the nature of value of the benefit, there are several statutes under which a criminal NYC defendant may be prosecuted. A NYC white collar crime lawyer should be called. If you are wrongfully accused or have suffered harm as a result of false allegations, a personal injury lawyer in New York may be necessary. There are federal bribery statutes as well under which a defendant may be charged!
NEW YORK STATE BRIBERY STATUTES
Bribery in the Third Degree (NY Penal Law 200.00)
- Class D felony
- Punishable by up to 7 years in prison
- Involves offering or agreeing to confer any benefit upon a public servant to influence their official actions.
Bribery in the Second Degree (NY Penal Law 200.03)
- Class C felony
- Punishable by up to 15 years in prison
- Same as Third Degree, but the value of the benefit exceeds $5,000
Bribery in the First Degree (NY Penal Law 200.04)
- Class B felony
- Punishable by up to 25 years in prison
- Involves bribing a public servant to influence the investigation, prosecution, or incarceration of someone accused of a Class A felony
Bribery:defense NY Penal Law 200.05
§ 200.05 Bribery; defense.
In any prosecution for bribery, it is a defense that the defendant
conferred or agreed to confer the benefit involved upon the public
servant involved as a result of conduct of the latter constituting
larceny committed by means of extortion, or an attempt to commit the
same, or coercion, or an attempt to commit coercion.
Bribe Receiving (NY Penal Law 200.10 – 200.12)
- These sections of the NY Penal law are similar to the laws mention above except that they criminalize the act of public servants receiving bribes.
- The statutes carry similar penalties as the corresponding bribery degrees
There are specific charges under NY Penal Law that sanction bribery involving persons in public office, sports, business and real estate.
Other Bribery-Related Statutes
- Bribery for public office (NY Penal Law 200.45 and 200.50)
- Commercial bribery (Article 180 of NY Penal Law)
- Sports bribery (NY Penal Law 180.40 and 180.45)
- Rent gouging (NY Penal Law 180.55 – 180.57)
The key factors that determine the degree and severity of bribery charges include:
- Whether it involves a public servant
- The value of the bribe
- The purpose of the bribe (especially if related to Class A felony cases)
It’s important to note that bribery does not have to involve money – it can be any type of benefit offered or received to influence official actions4.
FEDERAL BRIBERY STATUTES
Main Federal Bribery Statutes
- 18 U.S.C. § 201 – This is the primary federal bribery statute, which prohibits:
- Giving, offering, or promising anything of value to a federal public official with intent to influence an official act
- Public officials demanding, seeking, receiving, or agreeing to receive anything of value in return for being influenced in an official act
- 18 U.S.C. § 666 – This statute applies to bribery involving state and local officials and organizations receiving federal funds
- Foreign Corrupt Practices Act (FCPA) – Prohibits bribing foreign officials to obtain or retain business
Additional Relevant Statutes
- Mail and Wire Fraud Statutes (18 U.S.C. §§ 1341, 1343, 1346) – Often used to prosecute bribery schemes.
- Hobbs Act (18 U.S.C. § 1951) – Prohibits extortion “under color of official right”.
- RICO Act (18 U.S.C. §§ 1961-1968) – Can be used to prosecute patterns of bribery as racketeering activity1
- Travel Act (18 U.S.C. § 1952) – Used to prosecute bribery schemes involving interstate travel or communication2
Key Points
- These statutes cover various forms of bribery, including public corruption, commercial bribery, and foreign bribery
- Penalties can be severe, including up to 15 years imprisonment for violations of 18 U.S.C. § 201(b)
- Both the Department of Justice and the Securities and Exchange Commission have enforcement authority over different aspects of these laws
- Recent Supreme Court decisions have narrowed the interpretation of some of these statutes, particularly in cases involving state and local officials
It’s important to note that the application and interpretation of these laws can be complex, and they are often used in conjunction with each other in prosecutions of bribery and public corruption cases.