Supreme Court Ruling Narrows Federal Bribery Laws

 Posted on September 30, 2024 in Criminal Defense

Conspiracy to bribe charges of a former Illinois House Speaker by four former lobbyists and executives from ComEd resulted in convictions, yet now the four are asking a judge to dismiss all charges. The conviction for bribery involved a scheme to arrange high-paying jobs and no-work contracts for friends of the Illinois House Speaker in exchange for assistance with favorable legislation.

In June 2024, SCOTUS issued a ruling that significantly narrowed the scope of federal anti-corruption laws. Following that ruling, a bribery conviction for a former Indiana Mayor was overturned. In the wake of the ruling, the four Illinois executives are now asking to be acquitted of all the charges, have the case dismissed, or be granted a new trial.

The attorneys for the defendants say the case is fatally flawed and was built on invalid theories. State prosecutors have until October 15 to respond to the defense team's motion. If you have been charged with the federal crime of bribery, you should know that the offense carries harsh sentences, including hefty fines and lengthy jail sentences. Having a skilled Naperville, IL criminal defense attorney experienced in federal crimes can make the difference in the outcome of the charges.  

What Falls Under Federal Bribery Charges?

Giving something of value to a public official in exchange for some type of influence during that official’s duties could result in charges of bribery. The public official receiving "something of value," can also be charged with bribery. The offense does not require a written agreement, only evidence of an intent to corrupt. What many find surprising is how many people are considered "public officials." The list includes:

• A juror in a federal proceeding

• A U.S. Customs official

• An official at a bank

• A referee or other sporting official

• A person in charge of a sporting event that affects interstate commerce

• A witness in a federal proceeding

• An employee of the federal government

• An agent acting on behalf of the government

For example, if a referee at a sporting event was paid to rule in favor of a specific team, this falls under the bribery statute. If a juror accepts something in return for ruling a certain way in a federal case in an attempt to secure a favorable verdict, this is considered bribery – for both the person making the offer and the person receiving it.  

What Are the Penalties for a Federal Bribery Conviction?

A conviction for bribery of a public official can result in severe penalties. The statute makes significant distinctions that affect the severity of those penalties. If the charge and conviction are for offering a gratuity to a public official or accepting a gratuity from a public official, the penalties include a maximum of two years in federal prison.

If the charge and conviction are for offering a bribe to or accepting a bribe from a public official, the penalties are much harsher – up to 15 years in federal prison, and fines totaling three times the amount of the offered or accepted bribe.

If the money was given as a "thanks" for an act, but not necessarily in exchange for the favor, or it was given to curry favor from a public official, it is considered a gratuity. A bribe has a more direct connection in that something is given with the absolute expectation of getting something in return.

Contact a Naperville, IL Bribery Lawyer

If you think you might be under investigation for bribery or have already been charged, immediate action is required. You are one step ahead when you have a Naperville, IL bribery attorney from the Law Office of Philip R. Nathe who is highly skilled in federal charges. Attorney Philip R. Nathe has more than 30 years of experience defending clients in Kane, Will, and DuPage counties. Working as a prosecutor early in his career allows him to anticipate what the prosecutor will do. Contact the Law Office of Philip R. Nathe at 630-416-7600 to schedule a free consultation and discuss your options.