Commercial bribery occurs when an employee asks for, accepts, or agrees to accept money or a gift worth more than $250, from someone who is not their employer, with corrupt intent to abuse their position for the benefit of that other individual (employer).
Under these circumstances, the individual who gives or offers the bribe as well as the receiver of the bribe could be convicted of a commercial bribery offense in Los Angeles.
Most people think bribery only involves public officials. That’s not true. Bribery occurs in the private business context too. A bribery offense that occurs in a business setting is referred to as “commercial bribery”. It is extensively covered in Penal Code Section 641.3 PC.
A Los Angeles commercial bribery charge is quite serious. If charged or convicted, you risk losing your both your reputation and career. What’s more, you could end up serving jail time.
It is tough to find an industry where there are no “kickbacks”. More often than not, they are regarded as “perks”. Most people, therefore, give or accept bribes without thinking about the consequences. They choose to turn a blind eye to the act.
In simple terms, kickbacks are goods, payment, or services offered to enjoy a desired benefit. Nonetheless, when the kickbacks’ value is in excess of $250, the parties involved are actually committing a criminal offense.
Anyone intending to, or has offered or received kickbacks at any instance should look out for the following:
1. The value of the gift: if it’s more than $250, know that you are committing a crime
2. Acting without consent of your employer: concealing the gift or money from your employer makes the act a commercial bribery offense
Individuals found guilty of committing Los Angeles commercial bribery crimes could face serious consequences, such as substantial fines or jail time in county or state prison.
Employees are advised to uphold work ethics, while acting on behalf of their employers. They should not accept gifts or money from another person, in exchange for a business decision without involving their employer. Such an act could place the employer’s business in jeopardy. As such, it is punishable in a court of law.
As an employee, you shouldn’t accept any form of payment without the knowledge of your boss.
You cannot be convicted if there’s no corrupt intent. That’s because commercial bribery is an intent crime. So, if you are charged with bribery yet you didn’t receive any gift or money with corrupt intent to defraud or injure your employer or another individual’s employer, then you have nothing to worry about.
We urge you to contact our law firm, when faced with commercial bribery charges. We’ll gladly discuss the details of your case with you. Additionally, we’ll tell you about the possible defenses to your case.
Penalties for Los Angeles commercial bribery
The amount of bribery offered or received is one of the factors that determine the penalty for commercial bribery. Other factors include the criminal history of the offender and as well as the circumstances under which the crime was committed. The criminal offense can either be charged as a misdemeanor or felony.
1. The offender will have to spend up to one year in county jail, if the bribe is under $1,000.
2. The offender will serve up to three years in county jail or state prison, if the bribe is in excess of $1,000.
If you are facing commercial bribery allegations, you need a good Los Angeles commercial bribery attorney by your side. Our law firm has experienced criminal defense lawyers, who will help you fight the charges you are facing. Please call us today so that we can discuss your case.
Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them enough.
Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet.
Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind.
We provide superior service, excellent results, at a level superior to other criminal defense law firms. Regardless of where your case is, nationwide, we can help you.
555 W 5th St 35th floor, Los Angeles, CA 90013
35-37 36th St, 2nd Floor Astoria, NY 11106
85 Broad St 30th Floor, New York, NY 10004
195 Montague St., 14th Floor, Brooklyn, NY 11201