Las Vegas Federal Bribery Defense Attorney
Bribery is a serious federal crime that involves offering, giving, receiving, or soliciting something of value to influence the actions or decisions of a public official. Charged under 18 U.S.C. § 201, bribery can occur in various forms, from attempts to sway government officials in contract awards to influencing legislative decisions or judicial rulings. Federal prosecutors aggressively pursue bribery cases, especially when they involve public corruption or attempts to undermine the integrity of government processes. A conviction for bribery can result in severe penalties, including substantial fines, lengthy prison sentences, and lasting damage to your professional and personal reputation.
At Hofland & Tomsheck, attorney Josh Tomsheck, a Nationally Board Certified Criminal Lawyer, has extensive experience defending clients against bribery charges in federal court. Whether you're facing charges of offering or receiving a bribe, Josh Tomsheck has the knowledge and expertise to help you navigate this complex area of federal law and provide you with a strong defense.
What Is Bribery?
Bribery, as defined under 18 U.S.C. § 201, occurs when someone corruptly offers, gives, or promises something of value to a public official with the intent to influence any official act, or when a public official solicits or accepts something of value in return for being influenced in their official duties. To convict someone of bribery, federal prosecutors must prove the following elements:
Something of Value: The defendant offered, gave, or received something of value. This can include money, gifts, services, or other benefits.
Public Official: The bribery involved a public official or someone acting in an official capacity, such as a government employee, elected official, or law enforcement officer.
Corrupt Intent: The defendant acted with the intent to influence or be influenced in the performance of an official duty.
Official Act: The bribe was intended to influence a specific official act or decision.
Bribery can involve a wide range of government activities, from the awarding of government contracts and licenses to legislative decisions, judicial rulings, or regulatory approvals.
Case Law and Legal Precedents for Bribery
Several important court cases have shaped how bribery is prosecuted under federal law. In United States v. Sun-Diamond Growers of California, 526 U.S. 398 (1999), the Supreme Court ruled that to convict someone of bribery, the prosecution must prove a direct link between the thing of value offered or received and a specific official act. This decision clarified that general gifts or benefits to a public official are not enough to support a bribery conviction unless they are tied to a particular act or decision.
In McDonnell v. United States, 579 U.S. 550 (2016), the Supreme Court narrowed the definition of "official act" in bribery cases, ruling that routine political courtesies, such as setting up meetings or hosting events, do not qualify as official acts unless they involve a formal exercise of governmental power, such as issuing a license or signing legislation. This case has had a significant impact on how bribery is prosecuted, particularly in cases involving political figures.
Another key case is United States v. Brewster, 408 U.S. 501 (1972), where the Supreme Court held that the Speech or Debate Clause does not protect members of Congress from prosecution for bribery. This case underscored the principle that public officials can be held accountable for corrupt actions, even if those actions are related to their legislative duties.
Penalties for Bribery
Bribery is a felony offense under federal law, and a conviction can result in severe penalties, particularly when the bribery involves public officials or large sums of money. The penalties for bribery under 18 U.S.C. § 201 include:
Fines: A conviction for bribery can result in fines of up to $250,000 or more for individuals and up to $500,000 for organizations or entities involved in the bribery scheme. In some cases, defendants may be required to forfeit any property or assets obtained through the bribery.
Imprisonment: The statutory maximum penalty for bribery is up to 15 years in federal prison, depending on the severity of the offense and the role of the defendant. Public officials convicted of accepting bribes may face even harsher penalties.
Disqualification from Public Office: Public officials convicted of bribery are typically disqualified from holding any future public office, and they may be stripped of any government benefits or pensions they would otherwise be entitled to receive.
The U.S. Sentencing Guidelines provide an advisory sentencing range for bribery cases, taking into account factors such as the amount of the bribe, the position of the public official, and any aggravating or mitigating circumstances. Federal judges generally follow these guidelines but retain discretion to impose sentences above or below the advisory range based on the specifics of the case.
Federal Investigations and Bribery Charges
Bribery cases are often investigated by federal agencies such as the Federal Bureau of Investigation (FBI), the Department of Justice (DOJ), and the Office of the Inspector General (OIG). These investigations frequently involve undercover operations, wiretaps, surveillance, and cooperation with confidential informants or whistleblowers. In many cases, bribery investigations are part of broader public corruption investigations targeting government officials or large corporations.
Federal bribery investigations can be complex and lengthy, often involving multiple parties and significant amounts of evidence, such as financial records, emails, and recorded conversations. If you are under investigation for bribery, it is critical to seek legal representation as early as possible to protect your rights and avoid inadvertently incriminating yourself during the investigation.
Defenses Against Bribery Charges
At Hofland & Tomsheck, we take a strategic approach to defending clients against bribery charges, carefully analyzing the facts of the case and challenging the government's evidence. Common defenses against bribery charges include:
Lack of Corrupt Intent: One of the key elements of bribery is corrupt intent. If the defendant did not act with the intent to influence or be influenced in an official act, this can serve as a defense. For example, gifts or benefits given with no expectation of a specific action in return may not qualify as bribery.
No Official Act: Under the ruling in McDonnell v. United States, routine political actions, such as hosting events or making introductions, do not qualify as "official acts" under federal bribery law. If the prosecution cannot prove that the bribe was tied to a formal exercise of government power, the charges may not hold.
Insufficient Evidence: Bribery cases often rely on circumstantial evidence, such as financial records or recorded conversations. By challenging the admissibility of evidence or questioning the credibility of key witnesses, we can raise doubts about the government's case.
Entrapment: In some cases, individuals may be coerced or pressured into offering or accepting a bribe by undercover agents or confidential informants. If we can show that the defendant was entrapped by law enforcement, this can be used as a defense.
Sentencing Guidelines for Bribery
Federal sentencing for bribery is determined by the U.S. Sentencing Guidelines, which outline the advisory sentencing range based on several factors:
Amount of the Bribe: Larger bribes or payments involving significant sums of money generally result in harsher penalties.
Position of the Public Official: Bribery cases involving high-ranking public officials, such as government executives, judges, or elected officials, may result in enhanced penalties.
Impact of the Bribery: The severity of the sentence may be influenced by the impact of the bribery on government operations, public trust, or national security.
In addition to these factors, federal judges have discretion to impose sentences based on the specifics of the case, taking into account aggravating or mitigating circumstances.
Why Choose Josh Tomsheck for Your Bribery Defense
When facing federal bribery charges, it is essential to have an experienced defense attorney who understands the complexities of bribery laws and the tactics used by federal prosecutors. Josh Tomsheck is a Nationally Board Certified Criminal Lawyer with a deep understanding of federal bribery law and a proven track record of defending clients against serious federal charges.
As a former prosecutor, Josh knows how the government builds its case and can anticipate the prosecution's strategies. He develops tailored defense strategies designed to challenge the government's evidence, discredit witnesses, and negotiate favorable outcomes for his clients. At Hofland & Tomsheck, we provide personalized, aggressive defense for clients facing serious federal charges.
Schedule Your Free, Confidential Consultation Today
If you are facing federal bribery charges or are under investigation by federal authorities, contact Hofland & Tomsheck today to schedule a free, confidential consultation with Josh Tomsheck. We offer flexible consultation options, including in-person meetings, phone consultations, and Zoom sessions.
Call us at (702) 895-6760, or visit our office at 228 S. 4th Street, First Floor, Las Vegas, NV 89101. Let us help you protect your rights and build a strong defense against federal bribery charges.
