Bribery occurs when a person offers, gives, or accepts something of value with the intent to unlawfully influence another person in a public or official capacity. Commercial bribery is a form of bribery in which an employee asks for or accepts a bribe to use their position to benefit another person. Bribery laws are stringent because they promote transparency and fairness in workplaces and businesses, ensuring that employees make decisions on merit, not for personal gain.
Thus, if you face commercial bribery charges in Pasadena, a conviction can result in life-changing consequences. This may include a hefty fine, a long prison sentence, and other life-altering consequences. However, you can influence the outcome of your case through defense with the support of our skilled defense attorneys at Pasadena Criminal Attorney. We can also help you navigate all court processes, defend your rights, and support you throughout the court process.
The Legal Definition of Commercial Bribery
The California law against commercial bribery is under Penal Code 641.3. According to this law, commercial bribery occurs when an employee, acting with corrupt intent and without their employer’s consent, actively accepts, seeks, or consents to a bribe of more than $250 to take action that favors a specific person. The person offering or giving the bribe expects that the employee, after receiving it, will use their position to benefit the person offering the bribe, or another person altogether. The people who are liable under this law are the person offering the bribe and the employee who asks for, accepts, or consents to the bribe.
Here are examples of circumstances that could lead to commercial bribery charges:
- When an employee accepts a payment of $50,000 from their employer’s business competitor to disclose confidential business information
- When a manager offers $30,000 to another manager in a different company in exchange for a business contract
- When a bank executive asks for $40,000 from a desperate businessperson to quickly process their loan application
- When a job applicant offers a company secretary $300 as a gift in exchange for tips that could help them excel in an interview.
PC 641.3 is a very specific offense with unique elements that define it. If you face accusations of commercial bribery, the prosecutor must prove each of these elements for the court to find you guilty. These elements are as follows:
- You are an employee of a particular business or company
- You took, or solicited, something valued at more than $250 from another person who is not your employer
- You did that with a corrupt intent
- Your employer was not aware of it, and so did not consent to your actions
- You took or accepted the valuable item to use your position as an employee to benefit that other person or another person altogether.
Note that the person receiving the bribe, in this case, must be working for a particular person or establishment. There must be an employer-employee relationship in which the employee plans to use their position for personal gain. If no such relationship exists in your case, you are not guilty of commercial bribery. However, you could be guilty of another bribery offense if, indeed, you solicited or accepted a bribe to grant a person a favor.
The bribe must also be of the specified value, that is, more than $250. Additionally, it must have come from someone other than your employer. The person must be seeking to benefit from something you have to offer at the expense of your employer or the business you represent.
A conviction for commercial bribery also requires you to have acted with a corrupt intent. A corrupt intent means that you acted with a conscious but wrongful desire to influence your decision or misuse your position for an improper personal gain. In this case, you must have intended to defraud or injure your employer, the employer of the party offering the bribe, or a competitor of any of the two businesses.
Remember that this crime covers both parties involved in the bribery act. This means you could face charges under this law if you accept or offer a commercial bribe.
Also, remember that the prosecutor, who bears the burden of proof in all criminal cases, must prove all the elements to get a conviction. If this does not happen, the court may dismiss or drop your charges. You can take advantage of that, with the support of your attorney, to create loopholes in the prosecutor’s case to make it impossible for them to prove your case during the trial. Your attorney can create reasonable doubt in some of the elements, or use irrefutable proof that you did not offer, take, or solicit a commercial bribe.
Possible Penalties for Commercial Bribery in California
Commercial bribery is a wobbler offense, meaning that the DA can prosecute it as a misdemeanor or felony. The exact charges the prosecutor chooses depend on the facts of the case and a defendant’s criminal record. More specifically, prosecutors determine the severity of a case depending on the amount of the bribe the perpetrator solicits, accepts, or offers.
A misdemeanor charge will happen if your case involves a commercial bribe of $1000 or less. If you are found guilty of a misdemeanor, the court could sentence you to the following penalties:
- One year in jail,
- Misdemeanor probation
- $1000 in a court fine, or more (together with court assessment fees)
If, on the other hand, the bribe is more than $1000, or you have a prior conviction for commercial bribery, the prosecutor can file felony charges against you. The penalties for this include the following:
- Three years in prison,
- Felony probation
- $10,000 in court fines
The penalties for commercial bribery, even for a misdemeanor conviction, are all serious. They can affect different aspects of your life in the following ways:
Jail or Prison Sentence
Serving a jail or prison sentence, even for a few months, can have a profound impact on your life. It can result in severe and sometimes long-lasting damage to your physical and mental health. You spend considerable time behind bars, where you have limited freedom and access to your loved ones. This can break your social connections and hinder possible future opportunities, especially if you are in business or have an already established career. Imprisonment also leads to anxiety, trauma, and depression. The loss of freedom, even for a few months, can cause fear, feelings of isolation, and affect your autonomy.
Once you complete your sentence, it could be difficult to pick up from where you left off. Some people face challenges starting over, especially after losing their job or business.
Thus, it helps to do your best to fight the charges and avoid a conviction altogether. You can do this with the support of a competent criminal defense attorney.
Misdemeanor or Felony Probation
In some cases, judges use probation instead of jail or prison. This means serving your sentence outside of jail or prison, but under strict probation conditions. Misdemeanor probation generally lasts 1 to 3 years, while felony probation can last up to 5 years. If you are sentenced to probation, you can serve your sentence while working, schooling, or caring for your loved ones. However, you must ensure you adhere to all set probation conditions.
Examples of probation conditions you can receive after a conviction for commercial bribery include the following:
- A judge's order not to engage in any criminal activity while on probation
- To submit period reports on your progress to the court if on misdemeanor probation, or to your probation officer if on felony probation
- To complete a specific number of hours of community service
- To pay restitution for any damage incurred by the victims of your crime
- To pay all court fines and associated fees
If you violate probation, the judge can hold a probation violation hearing to determine the reason for the violation and possible consequences. After hearing, they can make one of the following decisions:
- To continue probation as it is, with the same terms and conditions as before
- To continue probation, but with new terms and conditions
- To cancel probation and send you to jail or prison, according to the sentence recommended for your crime under the law
While probation is often preferred to prison or jail sentences, it is not guaranteed. Additionally, strict probation conditions can be challenging to keep. Your best option is to mount a strong defense against your charges to avoid a conviction altogether.
A Criminal Record
Any criminal arrest and conviction ends up on your criminal record, and can easily be found by people who run background checks on others. Criminal records are public records, meaning that anyone can learn about your arrest and conviction through a simple internet search. In most cases, criminal background checks are run by potential employers, landlords, insurance providers, and loan lenders.
This means that if you have a serious criminal record, it can affect different aspects of your life. It may affect how easily you find a job after serving your sentence, or how easily you find somewhere to rent or lease. You could also face difficulties finding reasonable insurance or credit services.
A serious criminal record may also affect your social networks. People are skeptical about associating with, or even doing business with, someone with a criminal record.
Loss of Critical Rights
You can lose some of your rights as a Californian after a criminal conviction. For example, a felony conviction for any crime affects your gun rights. Thus, if you need a gun for protection or recreation, you will not be able to purchase, use, or possess one after a felony conviction for commercial bribery. Convicted felons are one category of people who have permanently lost their gun rights in California. Other groups include people diagnosed with a mental condition and juveniles.
Record Expungement
Record expungement or dismissal under PC 1203.4 is a legal process that sets aside criminal convictions, allowing a person to legally claim not to have been convicted of a particular crime in certain job or housing applications. It seeks to eliminate some disabilities and the negative effects of a serious criminal record. It improves your chances of finding employment after a criminal conviction, and could even make it possible to obtain a professional license. It could also improve your creditworthiness. However, you must meet the set criteria for expungement for a court to grant it.
You can apply for record expungement after a conviction for commercial bribery. However, the timing must be right since the requirement is usually to apply after completing the sentence for the crime you seek to expunge from your criminal record. You must also not be on probation or otherwise serving a sentence for another crime. If you meet the set requirements, you can apply, with the support of your attorney, to the same court where the conviction for the underlying offense occurred.
After receiving your application, the judge will consider your performance after sentencing to grant or deny your request. If the court grants your request, you can find a job without facing discrimination because of the expunged criminal record. You can also answer with a no’ if asked about a criminal conviction on a private employment application.
Also, you will face minimal rejections when applying for housing or professional licenses. Anyone running a background check on you will find the record dismissed, which makes it more favorable, even to insurance and credit providers.
However, note that record expungement does not mean total erasure of the criminal record. The court does not physically destroy the record. It continues to exist in law enforcement and state databases. Also, expungement does not restore your lost gun rights. If you successfully expunge a felony conviction, you will still not be able to purchase, possess, or use a firearm.
How To Defend Yourself from Commercial Bribery Charges
Considering how life-changing a conviction for commercial bribery is, you should put more effort into your defense. A solid defense can result in the dismissal or reduction of your charges. You can partner with an experienced criminal defense attorney to employ the best defense strategies to achieve a favorable outcome. An attorney will also advise you against habits or utterances that could worsen your legal situation. They will defend your rights and file an appeal if the final ruling is not in your favor.
Here are possible defense strategies that may trigger a favorable verdict in your case:
You Did Not Have a Corrupt Intent
A corrupt intent is a critical fact of this crime. You are guilty of commercial bribery if you accept or solicit a bribe to corruptly use your position or influence for another person’s benefit without your employer’s consent. If you acted without a corrupt or criminal intent, the court cannot give a guilty verdict in your case.
Remember that having a corrupt intent means acting with a bad or improper motive, whereby you offer or accept something to change how you treat another person. It means doing something for personal gain, and at the expense of another person (in this case, your employer or the other party’s employer). However, if you do not act with a conscious wrongful purpose to obtain an improper advantage over another person, you may not be guilty of bribery.
This defense strategy can work in your favor if there is evidence that the valuable item or money you received was a necessary payment for the services you were about to deliver to the other party. You can also successfully use this defense if you reasonably believed that the money or valuable item was required. A skilled defense attorney will explain the truth to ensure that the court understands that even if the valuable item received was a bribe, you did not ask or receive it with a corrupt intent.
The Value of the Alleged Bribe was Less than $250
Also, remember that there is a specific value for what is considered a commercial bribe in California. According to PC 641.3, commercial bribery involves money or valuable items with a value of more than $250. Anything below that amount is not covered under the criminal statute and so will not result in prosecution.
In cases like these, the prosecutor bears the burden of proof. They must demonstrate that you asked for, or accepted a bribe of more than $250 to use your influence as an employee to benefit a particular person or for personal gain. If the threshold requirement in your case is not met, the prosecutor will not be able to prove the case beyond a reasonable doubt.
In some cases, a complainant can exaggerate the bribe's value to gain an upper hand in the case. Your attorney can gather as much evidence as possible, including receipts of the purchase, communications between you and your accuser, or an appraisal report to prove that the bribe’s value does not meet the required threshold.
If the alleged bribe was given or received over a particular period, your attorney can determine its total value before the hearing. This will give them sufficient evidence to counter the prosecutor’s case.
You Had Your Employer’s Consent
In some cases, employers give consent to solicit or receive a bribe to act in favor of a particular person or organization. In this case, you are not guilty of commercial bribery if you only followed your employer’s orders. Additionally, a critical element of this crime is that your actions must be taken without your employee’s consent. If you informed your employer about the bribe, or your employer asked you to solicit a bribe, you can avoid a conviction by proving it.
Note that simply stating what your employer said or agreed to will not suffice in influencing the outcome of your case. There must be solid proof that your employer was aware and consented to the commercial bribe. If you do not have a written or recorded consent from your employer, your attorney can tactfully question your employer before the hearing to determine the truth. If this does not work, they can subpoena the employer and compel them to testify under oath. Alternatively, you can use the testimony of an eyewitness, like a colleague who was present when the employer gave consent.
You Are Falsely Accused
False accusations are not uncommon in bribery cases. A person can falsely accuse you of soliciting, offering, or accepting a commercial bribe to take revenge against you, gain an advantage over you, or because they are jealous. In this case, you must counter the prosecutor’s case for the court to rule in your favor.
If the DA is using circumstantial evidence to prove the matter, your attorney can create a reasonable doubt in the case. They may also prove that your relationship with your accuser is unstable to convince the court that this instability could be the reason for false accusations. If your case is stronger and more convincing than the prosecutor’s case, the court can dismiss your charges.
The Police Violated Your Rights
A violation of your civil rights is a serious matter, regardless of how severe your charges are. If the police fail to read or grant you your Miranda rights, you can raise it in court and compel the judge to take a favorable action towards you. For example, if you were forced or coerced into a confession, or the police denied your rights to an attorney, the judge can drop all evidence obtained through a violation of your rights. This could leave the prosecution without sufficient evidence to get a guilty verdict.
Find a Remarkable Criminal Attorney Near Me
Do you or a loved one face commercial bribery charges in Pasadena?
These are serious charges with serious penalties upon conviction. A conviction can also result in a life-changing criminal record that could affect your professional and social lives. However, an experienced criminal attorney can help you challenge your charges for a favorable outcome.
We have ample experience handling all kinds of bribery cases, including commercial bribery, at Pasadena Criminal Attorney. We understand how serious such charges are and how severe the consequences of a conviction can be. We can work with you to fight your charges, defend your rights, and navigate all legal processes seamlessly. Call us at 626-689-2277 to discuss your legal needs and our services further.
