Allegations of crimes involving bribery are a serious matter. Although nonviolent, the penalties for bribery convictions can include significant jail time.
Certain types of bribery could also cause a defendant to face federal charges. If you were charged with a crime involving bribery, you should immediately consult with a knowledgeable criminal defense attorney. Call Ellis Hinton, LLC, today to speak with an Anderson bribery lawyer.
At the federal level, an Anderson bribery attorney can represent clients for alleged violations of the Foreign Corrupt Practices Act. The statute prohibits people or businesses from making payments or promising things of value to a foreign official to coerce specific actions or decisions, 15 U.S.C. § 78dd-3.
The statute defines foreign officials as foreign political party officials, candidates for foreign political office and their representatives. The rule is designed to prohibit bribes that encourage foreign officials to take certain actions in their official capacity, such as:
It is important to note that the FCPA’s anti-bribery laws apply to all U.S. persons and companies. The rules also prohibit foreign securities issuers and foreign firms or persons from facilitating corrupt bribe payments.
At the state level, South Carolina Code Annotated § 8-13-705 prohibits making or offering payments, gifts, or items of value to gain influence over a public official, member, or employee.
An Anderson bribery attorney could explain who a public official is and why the rule prohibits them from accepting or demanding bribes.
The rule also prohibits offering or making bribe payments to influence a person’s testimony under oath at a trial or official state proceeding, such as courts, General Assembly sessions, or any proceeding in which a state agency or commission will hear testimony.
Additionally, the statute prohibits making payments that induce a witness to fail to appear at a trial or state proceeding. Witnesses can also be charged under the statute for demanding bribes.
State prohibitions against bribery are not limited to public officials, formal legal proceedings, or hearings. The state also makes it illegal to bribe an employee, agent, or servant to influence or encourage them to take certain actions with respect to their employer’s business, per S.C. Code Ann. § 16-17-540.
According to S.C. Code Ann. § 16-17-550, bribing an athletic official to influence them to take actions that impact the outcome of a sports event or competition is also illegal.
Bribery convictions can lead to serious jail time. Consulting with a bribery lawyer in Anderson could help clients understand their legal rights and the best possible defense for their case.
Since most bribery charges require the intent to encourage a public or government official to take certain actions, defendants may avoid a conviction if they can demonstrate that the payment was not intended to gain influence.
Another common defense to bribery charges is entrapment. To utilize this, the defendant must show they were induced into the crime by a government official and had no predisposition to commit it.
Certain payments to potential witnesses or government officials are also not considered bribery per se. For example, state laws do not prohibit paying a witness a fee for the appearance, such as reasonable travel costs, food, or compensation for expert testimony.
Call an experienced Anderson bribery lawyer when you are facing these charges. Our attorneys have experience as state and federal prosecutors and offer a personalized and honest approach to helping clients with charges. We are based in Greenville and serve South Carolina and beyond; reach out today.
(864) 775-5775