What Is Bribery In Nevada?
In Nevada, it is a felony to offer or solicit a bribe – even if the enticement was turned down. Bribes are defined as offering or asking someone for money (or something of value) in exchange for an act/action. The various types of bribery that are illegal according to Nevada laws include:
- Commercial bribery;
- Bribery of a witness, juror, or judge;
- Bribery of a public official;
- Bribery involving sports.
Types of Federal Bribery Charges
Buried within the United States Code lies Title 18, Chapter 11 – a trove of federal bribery laws. These statutes cover various dimensions of bribes-induced conduct, each with its own definitions and penalties. Federal prosecutors must demonstrate each element of the pertinent bribery law beyond a reasonable doubt in order to obtain a conviction. The various bribery laws contrast in terms of briber, actors involved, and potential punishments. To better understand these legislations, the following are definitions and possible sentences with sections that profile some common types of federal bribes.
Bribery of Public Officials (18 U.S.C. § 201(b)(1))
According to 18 U.S.C 201(b)(1), the act of bribing a public official is defined as giving or promising something valuable with the intent to influence their performance in an official function, whether by taking action or abstaining from performing duties that go against professional responsibilities.
Under this law, the term “public official” encompasses all individuals serving in an official capacity for the United States government. Furthermore, jurors in federal criminal cases are also included within its definition. When it comes to bribery, being “corrupt” implies that someone acted with malicious intent to achieve improper aims and objectives. Moreover, the expression “official capacity” denotes any action taken as part of a public servant’s prerogative or obligation.
Bribery of a Witness (18 U.S.C. § 201(b)(3)
According to 18 U.S.C. § 201(b)(3), it is a crime to attempt bribery of any witness under oath participating in an official proceeding, such as a trial or congressional hearing, before the United States government or its agencies and commissions authorized by federal law. Federal prosecutors must prove that the individual was indeed present during one of these proceedings in order for there to be criminal liability involved.
According to 18 U.S.C §201(b)(4), it is illegal for a witness to solicit bribery and federal prosecutors must demonstrate that the criminal defendant offered something of value in exchange for influencing their testimony during legal proceedings. Additionally, they need to establish that the accused requested, accepted, or agreed to accept a benefit with an understanding not to testify as well. Speaking with a Las Vegas bribery attorney is critical if you’ve been charged with a similar offense.
Illegal Payment to a Public Official (18 U.S.C. § 201(c))
According to 18 U.S.C. § 201(c)(1)(A), it is unlawful to give or offer any kind of reward, incentive, or anything else of value to a public official while they are performing their duties in an official capacity – be it directly or indirectly given. Any individual found guilty of presenting such gratuity can face serious legal repercussions.
If one wishes to affect a specific course of action or policy taken by the government, one must provide something valuable in exchange. Individuals that work for any branch of the United States Government and even federal jurors are all classified as public officials according to this law. Therefore, if an individual attempts to bribe them with goods or services it will be considered illegal under bribery laws.
Receipt of Commissions or Gifts for Procuring Loans (18 U.S.C. § 215)
According to 18 U.S.C § 215(a)(1), anyone who offers anything of value with the intention of influencing a bank officer in commercial dealings could face significant legal repercussions and be found guilty of federal bribery charges. Such actions are strictly prohibited and may result in serious penalties if convicted.
According to federal law, a “bank officer” is any person who works for a financial institution as an employee, agent, director or in another analogous position within the company. Receiving commissions or presents for procuring loans constitutes bribery and carries huge consequences; one convicted of this offense may face up to ten years imprisonment under federal statutes.
Bribery & Corruption Offenses In Nevada
Brazenly violating the law with bribery and corruption is strictly prohibited under Chapter 199 of Title 15. Not only does this chapter hold judicial officials culpable for any unlawful conduct, but it also inflicts harsh penalties on anyone who seeks to corrupt or manipulate the criminal justice system. Our Las Vegas bribery attorney has a long and successful track record of representing clients accused of serious federal crimes and state crimes in Nevada. The offenses that are made illegal by the bribery section of Chapter 199 include the following:
- NRS 199.010: Bribery of a judicial officer
- NRS 199.020: Judicial officers asking for a bribe or receiving a bribe
- NRS 199.030: Members of a jury and others accepting bribes
- NRS 199.040: Acting to influence any juror, arbitrator, referee, or prospective juror
- NRS 199.050: Any juror, arbitrator, or referee promising a verdict or a decision or receiving unauthorized, illicit, and/or unlawful communication
- NRS 199.060: Misconduct of the officer who is drawing a jury for a case
- NRS 199.070: Soliciting jury duty
- NRS 199.080: Misconduct of an officer who has been placed in charge of the jury
Federal criminal defendants can be held accountable for bribery conspiracy if they actively participate in a criminal act with another person. To prove guilt, it must be demonstrated that there is at least one individual who takes action to move the scheme forward. Co-conspirators must understand that they are planning something unlawful and while they do not have to know each detail of the plan or everyone involved, this knowledge is still necessary for punishment under the law.
According to federal law, anyone participating in a conspiracy is legally responsible for all acts done by the other conspirators. Even if the criminal intentions of the scheme are not fully realized, an individual can still be charged with a crime as long as at least one action was taken by another co-conspirator that furthered their shared goal. This means that those involved in such activities will be held accountable for actions they did not personally carry out but were committed on behalf of them and their fellows within the plot.
Federal Bribery Sentencing
18 U.S.C. § 371 rigorously penalizes bribery with exorbitant fines and the potential for extended confinement in federal prison, as outlined in the stringent guidelines of federal sentencing guidelines. For those convicted of offering a bribe to an official in violation of 18 U.S.C § 201(b), the consequences are dire: up to fifteen years imprisonment and fines equal to three times the amount given as part of said bribery attempt. On top of this, if someone is found guilty of providing illegal gratuities or rewarding bank officers, they can expect two years of incarceration plus criminal penalties connected with money exchanged during their offense.
If the amount of money exchanged is greater than $1,000, justice may be delivered in one of two ways: defendants could face up to 30 years imprisonment and associated fines totaling a maximum of $1 million or three times whatever value was given — whichever figure exceeds. Conversely, if said sum fell below the thousand-dollar mark, then sentences can range from jail time spanning no more than twelve months coupled with monetary sanctions.
If you are convicted of conspiracy to commit a federal crime, the penalties could be exceedingly more severe than those for the underlying offense itself. For example, bribery of public officials is usually considered a felony with sentences of up to five years and hefty fines. Additionally, these other types of white-collar crimes will usually result in being federally charged:
- Campaign Finance Violations
- Election Law Violations
- False Statements
- Mail Fraud
- Transaction Reporting Violations
- Wire Fraud
207.290. Giving or Accepting Bribe to Influence Outcome of Sporting Event
A person who:
1.Gives, offers or promises to give, or attempts to give or offer, any compensation, gratuity or thing of value, or any promise thereof, to any participant or player or any judge, referee, manager or other official of a sporting event or contest; or
2.Asks or receives or offers to receive directly or indirectly any compensation, gratuity, reward or thing of value or any promise thereof, as a participant or player, or as a judge, referee, manager or other official of a sporting event or contest, with the intention, understanding or agreement that the player or participant or judge, referee, manager or other official of the sporting event will not use best efforts to win, or will so conduct himself or herself as to limit his or her or his or her team’s margin of victory, or will corruptly judge, referee, manage or otherwise officiate the sporting event or contest with the intention or purpose that the result of the sporting event will be affected thereby, is guilty of a category C felony and shall be punished as provided in NRS 193.130.