California Criminal Defense Blog

California has a number of criminal bribery charges. Some involve bribing public officials, some involve private businesses, some involve jurors, and some involve witnesses. But no matter who the “players” are that are involved in the alleged bribe, there is one defense that is common to them all. If you don’t have an ill motive or a corrupt intent, you aren’t guilty of violating California’s bribery laws.

Take, for example, Penal Code 165 PC, California’s law against bribing County Supervisors or Public Corporations. Before prosecutors can convict you under Penal Code 165 PC for bribing a County Supervisor or a Public Corporation (or for being a County Supervisor or Public Officer who has accepted a bribe), they must be able to prove that you had a corrupt intent.

This means that if you simply suggest that a supervisor act in a specific way in order for him/her to obtain a benefit, or offer services or something else of value to show appreciation for a particular act…and you in turn receive a benefit from the transaction…you aren’t guilty of violating this California bribery law.

All California bribery offenses necessarily include corrupt motive…it’s the reason why bribery is illegal. This means that if you can prove that your intentions were sincere and not driven by any inappropriate objectives, you should be acquitted of any criminal wrongdoing.

“I promise to tell the truth, the whole truth, and nothing but the truth…” This is the oath that witnesses take before testifying in California criminal trials. We’ve all heard it, either live in a courtroom setting, in TV, or in a movie. But all too often this oath means little, if anything.

This is because witnesses are people just like everyone else. And, just like everyone else, they succumb to impulses based on temptation, greed, and/or lust. But when they do…and get caught for doing so…prosecutors will likely charge them with California Penal Code 138 PC, bribery of a witness.

Penal Code 138 PC, California’s law against bribing a witness prohibits witnesses from accepting money or anything else of value in exchange for “adjusting” their testimony. And because California’s bribery laws go both ways, Penal Code 137 PC punishes the people who offer bribes to witnesses.

No one is exempt from prosecution under these California bribery laws. Doctors, lawyers, celebrities, criminals, and innocent people alike have all been charged with these bribery offenses. But beware, bribery is usually charged as a felony, subjecting the person who offers or accepts a bribe to state prison and substantial fines.

Pretty much everyone who is involved with (or who attempts to get involved with) a bribe. This is because California’s bribery laws apply not only to the person who offers a bribe but also to a person who asks for a bribe. Similarly, these bribery laws punish not only the person who offers the bribe but also the person who accepts the bribe.

Take, for example, Mike, a local business owner who is in jeopardy of losing his store because of a potential new zoning ordinance. If Mike offers Jeff, a local councilman, money to vote against the ordinance, prosecutors could charge Mike with Penal Code 85 PC, California’s law against bribing a legislator. If Jeff accepts the bribe, prosecutors could charge him with Penal Code 86 PC, California’s law that punishes legislators for accepting bribes.

Let’s change the facts slightly, and say that Jeff…knowing that Mike will lose his business if the ordinance passes…approaches Mike and asks if he would be interested in making a deal to save his business. Under these circumstances, prosecutors could still charge Jeff with Penal Code 86 PC for initiating a bribe.

But despite the old adage that it never hurts to ask, a California bribery conviction subjects you to state prison and substantial fines.

It’s human nature to try to talk our way out of trouble. But be careful of how you try to do so. If, for example, you’re stopped for DUI, speeding, or any other traffic violation…and ask the officer if there’s anything you can do to convince him/her not to arrest you or give you a ticket…you could face charges for bribery under California Penal Code 67 PC.

Penal Code 67 PC, California’s law dealing with bribing executive officers makes it illegal to offer an executive officer (including a cop) something of value to influence an official decision. If you outright offer money or another incentive to the officer who’s about to arrest you for drunk driving, it’s a pretty open and shut case. But, if you are simply asking if there’s anything you can do to convince him/her to let you go…and you haven’t actually offered anything of value…you’re in a grey area. An overzealous cop or D.A. could try to charge you under California’s bribery laws, even though you didn’t specify what it was you were offering in exchange for the officer’s leniency.

So before you try to talk your way out of trouble, beware: be sure you know what you’re asking for and how you’re asking for it.

While many people may not think of bribery as a major crime, it can subject an offender to substantial criminal penalties.

Take, for example, the most recent publicized case against Daimler AG (a powerhouse German automaker). Daimler AG is paying over $180 million to settle charges with the U.S. Securities and Exchange Commission and the U.S. Department of Justice. This settlement is based on criminal allegations that bribery was a standard business practice within the company.

The federal suit against Daimler accuses the company of making “illicit payments, directly or indirectly, to foreign government officials in order to secure and maintain business worldwide” over a ten-year period.

In this state, California’s bribery laws apply to public officials who solicit or accept bribes. California’s bribery law penalizes each act of bribery by up to four years in the state prison and by a maximum $10,000 fine or double the amount of the bribe, whichever is greater…and that’s for each act! For people or corporations that are substantially involved in this practice, you can see how the criminal penalties can quickly add up.

But perhaps one of the most devastating penalties is that public officials who are convicted of soliciting or accepting bribes may be required to forfeit their office. This social stigma can forever taint an individual’s career, family, and reputation.