Being charged with bribery under Section 67 or 68 of the California Penal Code is an intimidating and frightening experience, one that can impact your freedom, reputation, and career. In this era, Pasadena prosecutors vigorously prosecute public corruption cases involving private citizens and government officials. A business owner accused of giving a bribe to an executive officer and a public employee accused of asking for a favor are facing extremely high stakes. Under California law, bribery is a broad term, and even a miscommunication, political donation, or seemingly innocent gift can result in a felony investigation, years in state prison, and a permanent ban on public office. Don't handle aggressive law enforcement actions on your own. Our experienced criminal defense attorneys at Pasadena Criminal Attorney are dedicated to securing your future with the right defense strategy. Call us today to build a strong defense and get exonerated.
Understanding California Bribery Laws
The California statute vigorously pursues public corruption on both sides of the transaction. The penal code explicitly distinguishes between acts of giving and receiving the illicit offer, and between the acts of the official who is or isn't subject to discretionary power. It is essential to understand these laws to build a robust defense now.
Offering or Giving a Bribe to an Executive Officer (Penal Code 67 PC)
If you offer or pay any bribe to any executive officer of the state with the intent to influence him or her in relation to any act, decision, vote, opinion, or other proceeding, you are guilty of a felony under Section 67 of the California Penal Code. Prosecutors aggressively seek these charges because public trust is the basis on which the government works. If you give something of value to an official who has discretion, the police assume that you're trying to gain an illegal advantage. Even if the officer rejects your offer, you will face serious consequences. The crime occurs when you offer a bribe to influence a legal proceeding. Recorded conversations, witness testimony, or circumstantial evidence may be used to establish that you made the offer. Consequently, you need to handle these charges carefully. The law deems the mere attempt to corrupt a public official as a direct attack on the justice system. You're on your own to defend yourself against a very aggressive prosecutor.
Giving Or Offering A Bribe To A Ministerial Officer Or Employee (Penal Code) (67.5 PC)
The crime of giving a bribe to a ministerial officer, employee, or appointee of the State of California, county, city, or political subdivision is covered by Section 67.5 of the California Penal Code. Ministerial officers have specific duties prescribed by law and cannot act independently of the executive. Ministerial officers include court clerks, administrative assistants, building inspectors, and public records custodians. By giving one of these employees something of value to use to change the required duties, you are breaking this law. The amount of the bribe is a key factor in determining the severity of a charge under Section 67.5. Grand theft is treated as a felony under Section 67.5(b), while petty theft is treated as a misdemeanor under Section 67.5(a). These interactions are carefully tracked by law enforcement, and even a friendly gesture to expedite a permit procedure can lead to an unexpected arrest. When dealing with any public employee, great care must be taken, as misunderstandings often result in serious criminal charges. A conviction here jeopardizes your freedom as well.
Public Officials Asking for or Receiving a Bribe (Penal Code 68 PC)
The statutes in place before this one focus on the person giving the bribe, but Section 68 of the California Penal Code focuses on the person receiving the bribe. This law expressly bars you from requesting, accepting, or agreeing to accept a bribe, whereupon any matter then before you is to be influenced by your vote, opinion, or action.
If you perform the favor, you are guilty of a felony under this section; if you do not perform the favor, you are guilty of a felony under this section. The compromise of official duties is finalized with the agreement. You are a public servant and are under the microscope of internal affairs divisions and state investigators. Often, they use sting operations to trap officials who agree to illegal terms. The moment you propose replacing government authority with personal gain, you are jeopardizing your career, pension, and freedom. The more trust you have, the greater the consequences of your actions.
What Qualifies as a "Bribe" and an "Executive Officer"?
There's no need to give over a briefcase of cash for felony bribery charges. California's definition of a bribe and an executive officer is quite broad. To get a handle on these broad legal definitions, you will better understand just how fast an innocent exchange can escalate into criminal charges.
The Broad Definition of a Bribe
One prevalent myth is that a bribe must be money. California Penal Code 7(6) defines a "bribe" as anything of value or advantage, present or prospective, or any promise or undertaking to give anything, asked, given, or accepted, with a corrupt intent to influence, unlawfully, the person to whom it is given.
Abstract benefits or intangible advantages can be the basis for charges. The law considers the value it has to the recipient. Anything that affords the official an advantage, personal, financial, or professional, will be considered a bribe. Any exchange with a public official must be carefully examined. Prosecutors in Pasadena regularly use these common interactions to construct cases against defendants:
- Wire transfers, cash payments, or cryptocurrency deposits.
- Luxury gifts, fancy dinners, or fancy electronics.
- Concert tickets, sports tickets, or expensive holidays with all expenses paid.
- Job offers for future employment in the private sector.
- The profitable business deals that an official's family member is given.
- Contributions made expressly in connection with a clear “quid pro quo” arrangement.
- Loan forgiveness, loan approval, or discounts on real estate.
The broad statutory definition empowers law enforcement to investigate seemingly routine business practices.
Defining Executive and Ministerial Officers
California case law, including People v. Strohl, has interpreted Section 67 to mean that an "executive officer" is any person employed by the government who has authority to make discretionary decisions. An official who uses independent judgment in the performance of his public functions is regarded as an executive officer of the court. This is a very general term and includes a wide range of local and state jobs. You meet executive officers regularly without realizing that they are legal officers. District attorneys, police chiefs, patrol officers, city council members, and school board officials, for example, have discretionary authority. When you try to affect the writing of a police report, you're dealing with an executive officer.
On the other hand, ministerial officers perform absolute, compulsory functions without exercising any personal judgment. A county clerk who files documents serves in a ministerial role. The person who receives the bribe is subject to criminal penalties, regardless of whether they have extensive political power or merely file paperwork.
Key Elements the Prosecution Must Prove
The prosecution has a high burden to obtain a conviction and to deprive you of your liberty. They have to make no assumptions. The elements they must prove in a court of law are specific elements beyond a reasonable doubt. Breaking down these factors is the basis for a robust and effective criminal defense today.
Elements of Giving or Offering a Bribe (PC 67 & 67.5)
When the state charges you with giving a bribe, it is required to prove multiple facts beyond a reasonable doubt. To prove that you gave, offered, or promised something of value to an executive officer, ministerial officer, or public employee, the prosecutor must establish that you gave, offered, or promised something of value to one of those persons. Second, the prosecutor must prove that you acted with a corrupt purpose.
There must have been an intention to obtain an unfair advantage for oneself or another. Lastly, the prosecutor must prove that you wanted to improperly affect the official's decision, vote, opinion, or action in his or her official capacity.
It is difficult for the state to establish your thought process. Your text messages, emails, and recorded conversations will be used to determine your motives. These charges can be overcome if the prosecution does not prove a direct connection between the item of value and the official act. Convictions cannot be made on a tip-off, but on a clear connection of all the elements.
Elements for Receiving or Soliciting a Bribe (PC 68)
Prosecutors must prove certain elements when the government targets a public official under Section 68. To prove you were an executive officer, ministerial officer, or public employee at the time of the offense, the prosecution must prove this under CALCRIM No. 2603. Second, they must show that you asked for, received, or agreed to receive something of value from someone else. Third, they have to prove your wrongful gain of money or property.
Lastly, prosecutors have to show you agreed or knew that your official actions, votes, or decisions would be illegally affected by the bribe. There is intense scrutiny on your interactions with private individuals. Your financial statements and business choices will be examined to find a quid pro quo. If you received a gift but did not agree to change your official conduct, the prosecution will have a hard time obtaining a conviction. The state has to establish that you had a mutual understanding with the person who paid you the bribe.
The Critical Role of "Corrupt Intent"
The bottom line in all bribery cases is the corrupt intent. The law requires the prosecution to prove that a true quid pro quo arrangement existed. There must be an explicit "this for that" deal that was offered or accepted. The term "corruptly," as used in Section 7(3) of the California Penal Code, means a wrongful design to obtain or secure to oneself any pecuniary or other advantage for the person committing the act. You can't bribe someone if you are not trying to obtain an unfair advantage, whether financial or professional.
For instance, if a city official gave you a fine gift as a true friend, then there is no corrupt intent. The same goes for a regular campaign donation, where you didn't ask for anything in return. The same applies to a regular campaign donation, where you did not ask the official for a favor. Prosecutors often mistake relationship-building and professional courtesies as crimes. You have to go on the attack against the prosecution's story of your state of mind. Your defense will be based on the fact that the value exchange happened without official action. If the prosecution's case is destroyed by eliminating corrupt intent, then the case is destroyed.
Severe Penalties and Collateral Consequences of a Conviction
The penalties for bribery are severe and far-reaching, with the potential to profoundly impact a person's life. Public corruption offenses are treated seriously in California, with a focus on harsh sentences that not only destroy careers but also deter the community. The only way to protect your future and your day-to-day life is to fight immediately.
Felony Sentencing and Restitution Fines
Public corruption crimes are punished severely in the State of California. You will be charged with a straight felony if you are convicted of bribing an executive officer under Section 67. This section provides a prison term of two, three, or four years for the offense. The judge can also issue formal felony probation instead of imposing a state prison sentence. In both cases, the court may impose heavy fines on you.
Additionally, pursuant to Section 68(a), restitution fines are to be imposed at a minimum of the amount of the bribe received, two thousand dollars, or double the amount of the bribe, whichever is higher. One has to fight hard not to end up in prison.
Forfeiture of Office and Professional Disqualification
The consequences are catastrophic for public officials and government workers. Under Section 68, if you are convicted of soliciting or receiving a bribe, you will be sent to state prison for two, three, or four years.
But the career implications will be forever ruined. If an official of any public board or corporation is convicted, he shall be disqualified from holding any office, employment, or appointment in this state, and his office, employment, or appointment shall be terminated. You lose your job, your reputation, and even your pension. The public corruption conviction will never go away and will make it difficult to find a good job in the private sector.
If you are running for a job and face a felony charge for a crime of moral turpitude, your job search will be over with that employer that is conducting a standard background check. You will have to battle these claims with all the means at your disposal.
Immigration and Secondary Impacts
A bribery charge has many collateral consequences, beyond incarceration and job loss. Bribery is a Crime of Moral Turpitude (CIMT) under the law. Secondary punishments for crimes of dishonesty, fraud, or corruption destroy your personal life. After you've been convicted, the administrative and federal obstacles will be tough. You need to be ready for the prosecution to use these second effects against you:
- Certain bribery convictions may constitute aggravated felonies under 8 U.S.C. § 1101(a)(43), resulting in deportation, denial of naturalization, or permanent inadmissibility to the United States.
- Loss of Professional Licenses: The California Business and Professions Code allows state licensing boards to investigate and revoke your right to practice law, medicine, real estate, accounting, or contracting.
- Felony Disqualification: Section 29800 of the California Penal Code will revoke your right to own, buy, or possess a firearm if you are convicted of a felony.
- Financial Ruin: You can be financially ruined by large restitution fines.
These are all side effects that cannot be avoided after the court has found you guilty.
Strategic Legal Defenses Against Bribery Charges
Accusations do not equal a conviction. There are many assumptions made in bribery investigations, aggressive sting operations, and misinterpreted conversations. A criminal defense lawyer with the expertise to understand how to dismantle the prosecution's case, how to exclude illegally obtained evidence, and how to aggressively pursue a complete dismissal of charges pending against you can use strategic legal defenses to throw out the prosecution's case.
Lack of Corrupt Intent or Misunderstanding
A strong defense can be built by challenging the prosecution's claim of corrupt intent. For the state to convict, it must establish clear evidence that there was a clear understanding of giving a bribe in exchange for an official act. You can provide proof that the transaction was not carried out with any malicious intent. You don't bribe an official when you take him out to a fancy dinner to chat about industry matters. You gave a gift as a token of friendship, with no strings attached; you had no corrupt intent.
In many cases, investigators take the discussion "off topic. You may have said something that the police misinterpreted as an offer to commit a crime. You will be very careful about the context of your communications. Character witnesses, business records, and unedited communications can show that you did not intend to mislead a government process. This means that you are forced to either reduce or completely drop the false criminal charges against you.
Entrapment by Law Enforcement
Investigations into bribery are often conducted through complex undercover sting operations organized by local police or an internal affairs department. Police can be lawfully deceptive, but not when they are in a position to trap a person. Entrapment happens when the police, through harassment, threats, or excessive pressure, trick a law-abiding citizen into committing an act that they would not have otherwise engaged in. You are a victim of police misconduct if an undercover officer has been relentless in their harassment, has played on your sympathy, or has coerced you into accepting or giving a bribe. The government cannot create a crime where none exists. Your lawyer will challenge the actions of the undercover agents and informants in your case. If the evidence is that the police implanted the idea of the bribe in your mind and pressured you into taking action, you have a solid entrapment defense. Pre-trial motions can be made to exclude illegal evidence and to have the case dismissed altogether.
Insufficient Evidence or False Accusations
In the world of local politics and business competition, false accusations are often used to bring competitors down. Fabricated bribery charges may be filed by a disgruntled former employee, a jealous business competitor, or a political adversary seeking an edge. These people will tell lies to investigators to incite a bad public corruption investigation against you. You have to make a strong case against your accusers. An experienced defense lawyer will use private investigators, forensic accountants, and computer experts to bring the truth to light and to reveal the hidden agenda of the government's witnesses.
Additionally, you can challenge the prosecution's case by alleging it lacks evidence. Informants who receive lenient sentences for their cooperation are frequently the source of unreliable information in bribery prosecutions. Without any concrete financial trails, wiretaps, or irrefutable video evidence, the state's case is built on a shaky foundation. You can break down their arguments by revealing inconsistencies in witnesses' statements and showing that there is absolutely no physical evidence to support their claims.
Retain a Criminal Defense Lawyer Near Me
Being convicted of bribery of an executive officer or public employee will ruin your life, with serious felony consequences, significant monetary penalties, and loss of your professional standing. You have to take action before the prosecution can make a case against you. There's a lot of important evidence that needs to be preserved and constitutional rights asserted, so time is of the essence.
Pasadena Criminal Attorney offers complimentary consultations and has extensive experience across all areas of criminal defense. We are ready and able to examine the claims in depth, cross-examine the prosecution's evidence, and vigorously advocate for you in any negotiations with the prosecution. We're prepared to battle for our clients in the Pasadena area and beyond. Never let a charge of bribery ruin your career.
Contact us at 626-689-2277 immediately to schedule your free consultation, and let us protect your freedom, restore your peace of mind, and secure the best possible outcome for your case today.
