Federal Bribery and Public Corruption

Federal law provides that it is unlawful for someone to directly or indirectly, corruptly give, offer or promise anything of value to any public official or person who has been selected to be a public official, or offer or promise any public official or any person who has been selected to be a public official to give anything of value to any other person or entity, with intent to influence any official act; or to influence such public official or person who has been selected to be a public official to commit or aid in committing, or collude in, or allow, any fraud, or make opportunity for the commission of any fraud, on the United States; or to induce such public official or such person who has been selected to be a public official to do or omit to do any act in violation of the lawful duty of such official or person.

A public official may be charged with bribery if the official directly or indirectly, corruptly demands, seeks, receives, accepts, or agrees to receive or accept anything of value personally or for any other person or entity, in return for: being influenced in the performance of any official act; being influenced to commit or aid in committing, or to collude in, or allow, any fraud, or make opportunity for the commission of any fraud, on the United States; or being induced to do or omit to do any act in violation of the official duty of such official or person.

A "public official" means a member of congress, delegate, or resident commissioner, either before or after such official has qualified, or an officer or employee or person acting for or on behalf of the United States, or any department, agency or branch of Government thereof, including the District of Columbia, in any official function, under or by authority of any such department, agency, or branch of Government, or a juror.

Theft or bribery concerning programs receiving federal funds

Whoever being an agent of an organization, or of a State, local, or Indian tribal government, or any agency thereof embezzles, steals, obtains by fraud, or otherwise without authority knowingly converts to the use of any person other than the rightful owner or intentionally misapplies, property that is valued at $5,000 or more, and is owned by, or is under the care, custody, or control of such organization, government, or agency; or corruptly solicits or demands for the benefit of any person, or accepts or agrees to accept, anything of value from any person, intending to be influenced or rewarded in connection with any business, transaction, or series of transactions of such organization, government, or agency involving any thing of value of $5,000 or more; or corruptly gives, offers, or agrees to give anything of value to any person, with intent to influence or reward an agent of an organization or of a State, local or Indian tribal government, or any agency thereof, in connection with any business, transaction, or series of transactions of such organization, government, or agency involving anything of value of $5,000 or more; shall be fined under this title, imprisoned not more than 10 years, or both.

The organization, government, or agency involved must receive, in any one year period, benefits in excess of $10,000 under a Federal program involving a grant, contract, subsidy, loan, guarantee, insurance, or other form of Federal assistance. This section does not apply to bona fide salary, wages, fees, or other compensation paid, or expenses paid or reimbursed, in the usual course of business.

Significant cases:

• United States v. Massey - Direct evidence of an agreement is not necessary to prove that bribery or payment of an unlawful gratuity occurred.
• United States v. Kenney - It is not necessary to that recipient of the bribe be an employee of the government. However, the individual must have some degree of official responsibility over federal programs or policies.
• United States v. Sun-Diamond Growers of California - A gift given because of an official's position is not enough to show bribery or unlawful gratuity. It must be given in connection with an official act that is either to be performed or has already occurred.

Our law firm has extensive experience in defending serious federal criminal cases in the metro areas of Atlanta, Athens, Macon, Augusta, Savannah, Rome, Columbus, Albany, Valdosta, and in all other Georgia courts. Please contact us if you need an Atlanta Georgia criminal defense lawyer who has successfully resolved federal public corruption and bribery cases.

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