, , , , , , , ,
 
Westlaw Books Welcome
Citizens Court Watch !
Sovereign Unalienable Info.
Important Court Cases
Real Court Case's Now
Guestbook Sign In Log !
5 Disclaimer and Fair Use
Bad Judges And Courts !
Court System How Works
Radical Reference Info.
Words & Law Glossary !
Z Misc Information Etc.
42 USC 1983 A Lawsuits
5000 New Police Jobs ?
A Bomb 66 Yrs Later Info.
A Letter To NBA Owners
Abortion Facts And Info.
Abuse Of Court Powers
Accident/Hit and Run Etc.
Adopt A Kitten or Dog ?
Advanced Trial Handbook
Against Seizing Children
Aggravated Assault Etc.
Aiding & Abetting Info.
Aiding & Accessory Info.
Alcohol Crimes (DUI) Etc
Alcohol Crimes (DWI) Etc
Alcohol Getting Help Info.
Alienation Of Affection
Amerasian Children Info.
American Express Refund
Animal Cruelty & Rights
Apartment Rental Scams
Anamorphosis Pics Info.
Arrest Is It Legal Arrest ?
Arson and Fires Laws Info.
Assault and Battery Etc.
Asylum Canada’s  System
Attempt Crimes Laws Etc.
Attorney Client Privilege
Background Checks Info
Bankruptcy Options Info.
Beatings By Officers Info.
Bicycle Laws & Info. Etc.
Bigamy & Polygamy Laws
Bill Of Rights & Other ?
Bivens Action Lawsuits
Black Kittycat Law Books
Black Mail & How To Stop
Body of Missing People's
Breast Cancer Help Info.
 Brutality Excessive Force
Bribery Laws & Info. Etc.
Burglary Laws Info. Etc.
Cannibalism In The World
Case Numbering System
Censorship Rules Info. Etc.
Child Abandonment Etc.
Child Abuse Laws Info.
Children's Internet Act
Child Pornography Etc.
Child Support Laws Info.
Chinn, C. Bradley Bad J.
Christmas Peace Wish !
Citizens Court Watch !
Civil Forfeiture Laws Info.
Civil Rights Overview ?
Civil Rights Warning Etc.
Clear & Present Danger
Cohabitation Laws & Info.
Color of Law Abuses Etc.
Collateral Estoppel Info.
Common Law Info. Etc.
Complaints & Canons Etc.
Computer Crime &  Info.
Consortium, Loss Of Info.
Conspiracy Crime Info.
Constitution & Its Laws
Constitutional Law Info.
Contempt of Court Info.
Contempt of Cop Info.
Convicted Sex Offender
Cops Pulling You Over 4 ?
Copyright Patent Trade
Court System How Works
Court Forced Labor Info.
Couches 4 Rent Sex Info
Cozza, Salvatore  F. Bad
Credit / Debit Card Fraud
Credit 4 Time Served ?
Crimes A-Z Get Help Now
Crimes Against Justice ?
Crimes Against A Person
Criminal Contempt Court
Criminal Investigations
Civil Contempt of Court
Crimes Against Children
Criminal Rights Violations
Cyber Bullying Info. Etc.
Cyber Crimes Laws & Info.
Date Rape Info.Sex Etc.
Dating Black Mail Info.
Dating and Sex Info. Etc.
Death and Dying Info.
Death Penalty Laws Info.
Defamation Libel Slander
Deflowered by Police Info.
Dim Witted Persons Etc.
Disability Rights & Laws
Disorderly Conduct Etc.
Disturbing the Peace Etc.
Do Not Call 911 Info. ?
Do Not Call 911 Dot Com
Dog and Animal Abuse
Dog/Animal Bites & Info.
D.V. & Animal Abuse Etc.
Domestic Violence Etc.
Double Jeopardy Laws
Drinking Water Safety ?
Driver New Pay By Miles
 D.V. Consortium Info. !
Drug Charges & Info.
Drug Cultivation Etc.
Drug Distribution Etc.
Drugs Getting Help Info.
Drug Manufacturing Etc.
Drug Possession Etc.
Drug Trafficking Etc.
DSHS & APS & Get Help
DUI and DWI Laws Etc.
DUI & DWI After Arrest ?
E Bay & Craiglist Scams
E-Books Copyright Laws
Embezzlement Info. Etc.
Emergency Help Info.
Emergency Fire 911 Info.
Essays and Speeches
Expungement Laws Info.
Extortion Laws & Info.
Exemption From Laws
Exercise Your Rights Now.
False Advertising Laws
False Arrest Laws & Info
Feeding Homless Laws
Federal U.S Code & Laws
Federalism & Laws Info.
Feminism Laws & Info.
First Corinthians 7 Info.
First Date's Is It Safe ?
Fleecing of America !
Food Poisoning Info. Etc
Forgery Laws & Info. Etc.
Forced Guardianship Info.
Forced Labor & Its Laws
Forced Marriage Laws
Foster Care Laws & Info.
Fracking Regulations
Fraud Laws & Info. Etc.
Freedom Of Press Info.
Freedom of Speech Etc.
Friends Civil Rights Laws
Friend Of Court Brief
Funny To Scare Horses
Gangs Laws & Other Info.
Gang Rape Woman Laws
Gay Marriage Rights Etc.
Going Postal Get Help !
Glossary of Terms/ Words
Gonzaga Law School Etc
Good Samaritan Backfires
Grant Programs Info.
Guardian Ad Litem Info.
Guardianship Laws Info.
Guide To  File a Lawsuit
Gun Control Laws Etc.
Gun Rights In 4  U.S.A.
Guns Safety How To Info.
Habeas Corpus Laws Etc.
Harassment Laws & Info.
Hate Crimes Laws & Info.
Hearsay Evidence Case
Homeless Programs Etc.
Homicide Laws &  Info.
How To Bypass The Laws
How To Cook Babys Info
How To File a Lawsuit !
How to Self-Publish Book
How To Sue A Judge !
How The Courts Work
How The Courts Work ?
Human Trafficking Laws
Husband and Wife Laws
Hustler Mag v. Falwell
Identity Theft Info. Etc.
Indecent Exposure Etc.
Info. & Deaths Spokane
Injunction Rules & Laws
Insanity Defense Laws
Insurance Fraud Etc.
Intellectual Property Etc.
Intelligence Agency ?
Internet Laws Public Etc.
Internet Security Center
IRA Inheritance Laws
Jaywalking Laws & Info.
Judical Conduct (CJC)
Judical Immunity Rules
Judical Lawsuits Case's
Judicial / Legal Corruption
Judicaial Misconduct Info.
Judical Picnic 9/11 Ethics
Judicial Review & Laws
Judicial Trust Fund Info.
Jurisdiction Laws & Info.
Jurisprudence & Laws
Jury Duty Welcome Info.
Juvenile Law & Info.
Kidnapping Laws & Info.
Law Enforcement  Powers
Laws Suits Filling Info.
Lawyer Discipline Info. !
Layman Law Firm PLLP
Layman Bible Laws Etc.
Legal Research Internet
Life at Conception Act
Lithium Batteries Danger
Loan Pay Off How To
Magna Charta 1215  Text
Magna Carta Legal Info.
Mail Fraud & Scams
Mail Order Brides Info.
Mandatory Reporters Etc.
Manslaughter Involuntary
Manslaughter Voluntary
Marijuana & Cannabis Laws
Marital Rape Is A Crime ?
Medical Marijuana Info.
Mental State/ Defendant
MerryHallowThanksMas !
Millennials Generation Y
Minor in Possession (MIP)
Miranda Rights Warnings
Miranda v. Arizona ?
Misc Facts & Info. Etc.
Misc Files & Laws & Info.
Money Laundering Etc.
Mormon Polygamy Info.
Most Important Info. Etc.
Motorcycle Accidents Etc.
Murder First Degree Etc.
Murder Second Degree Etc.
My Constitutional R. Watch
Naked Children Laws
National Debt Figures US
No Contact Orders Info.
O'Connor, Kathleen M. B
Obscenity Laws & Info.
Open Container Law Etc.
Other Pink Thing ! 1973
Other White Meat/ Baby
Panhandler Ordinance
Pay Pal and Misc Scams
Pedestrian Accidents Etc.
Perjury In Court & Info.
Permanent Injunction Law
Pet Adopt & Laws Info.
Photography is Not Crime
Pharmaceutical Viagra !
Plea Bargains Laws/Info.
Pledge of Allegiance Etc.
Police Brutality &  Force
Police Crimes Info. Etc.
POLICE, FBI, CIA Info.
Police Misconduct & Info.
Police Misc Photo Files
Polyamory Dating Rules
Polyamory Relationship
Pornography Laws Info.
Premarital Agreements
Premarital Questions
Probable Cause Arrest ?
Probation Violation Info.
Process of Arrest Info.
Pornography Charges
Prisoner's Right's Info.
Property Crimes & Info.
Pro Se Litigant Info.
Pro-Se Rights Case Law
Pro-Se & Self-Help Info.
Prostitution Free/ Money
Publication Private Facts
Public Intoxication Info.
Pyramid Schemes Etc.
Racketeering/ RICO Etc.
Rape Of  Men & Women
Rapist and Sex Offenders
Red Light Cam. Tickets
ReElect Nobody Info.
Rental Deposit Fees Laws
Resisting Arrest Info.
Respect ALL Religions
Restoring Gun Rights
Retaliation After Crimes
Retaliation By Judges
Revenge Court Case's
Right to Counsel Laws
Robbery Crimes Etc.
Rockwood, Virginia B. Bad
Rules of Evidence & Info.
Rules of Evidence Etc.
Safe Haven Laws & Info.
Same Sex Marriage Info.
Scuba Diving Rapist Info
Scam's & Frauds Elderly
Search and Seizure Laws
Search Warrant Info. Etc.
Search Engines Helper
Search Engine Optimization
Secret Canon 3/2 Info.
Securities Fraud & Info.
Self Defence Laws Info.
Separation Agreement !
Seat Belt Laws & Info.
Sex Offender Registry
Sex & Am I Ready For ?
Sex Slave For Sale Ads
Sexual Abstinence Info.
Sexual Assault Laws Etc.
Sexual Orientation Info.
Sexual Predator Laws
Sex Crimes Laws & Info.
Sex Offenses & Laws
Sex Slave's For Sale Ads
Sexting Laws & Info. Etc.
Sexual Exploitation Info.
Sexual Slavery ? Laws
Shooting On Dick Spokane
Shoplifting Laws & Info.
Shower Safe & New Laws
Sit & Lie Down Ordinance
SLAPP Statutes & Laws
Smoking Getting Help Info.
Sodomy & Gay Info.  Laws
Solicitation Laws & Info.
Someone Drugged ME !
Speech Ban For Life ?
Spokane City Facts or ?
Spokane Code Enforcement
Spokane Dead Body Pics
Spokane Do Not Visit ?
Spokane Fire Dept. Bad
Spokane Internal Affairs
Spokane Local Killings
Spokane Marijuana Stores
Spokane Ombudsman Pr
Spokane Police Guild Bad
Spokane Police Very Bad
Spokane Prostitution Info.
Spokane Fireman Sex ?
Spokane Sex Clubs Info.
Spokane Stalker WoW
Spokane Unidentified Bodys
Standing Rules & Laws
Starting a Business Info.
Starting a New Website ?
Stalking & Forms of It ?
Stalkers + Traits of ?
Statute Of Limitations
Statutory Rape Laws Etc.
STD's & Other Diseases
Donald Sterling v NBA
Substantive Due Process
Sueing for Discrimination
Sue Without A Lawyer
Suing A Judges In Court
Suicide Get Help Now !
Support for Hitler USA
Supremacy Clause Info.
Surf The Web Safely Etc.
Tattoos and Branding !
Tax Evasion Laws Etc.
Telemarketing Scams Etc.
Terminology In The Laws
Theft / Larceny Info. Etc.
Traffic Laws & Tickets ?
Traffic Stops & Rights Info.
Transgender Bathroom Laws
Transgender People Info.
Transient Shelter Laws
Transvestite Laws & Info.
Trial Rights & Laws Etc.
Trust Laws & Court Rules
Unauthorized Practice Law
United Nations Laws Etc.
United States Constitution
U. S. Constitution Laws
U.S. Constitutional Law
Unlawful Vehicle Mod.
Vaccine & Vaccination
Vagrancy Laws & Info.
Valentines Day Stalker !
Vandalism Laws & Info.
Vehicle Searches & Info.
Violent Crime Control Act
Wa. State Constitution
Waiting for Rights Etc.
Wedding Day 11 12 13 14
We The People Laws
White Collar Crime & Info.
White House Laws/ Bills
White, Richard B. Bad J.
Woman Raped By Law
Wire Fraud Laws Etc.
Yes We The People Info.
Yin and Yang Philosophy
Z  Words &  Glossary !
STILL WORKING ONE
STILL WORKING THREE
STILL WORKING  EIGHT
 
   
 


Bribery is the offer or acceptance of anything of value in exchange for influence on a government/public official or employee. Bribes can take the form of gifts or payments of money in exchange for favorable treatment, such as awards of government contracts. In most situations, both the person offering the bribe and the person accepting can be charged with bribery.

Bribery The offering, giving, receiving, or soliciting of something of value for the purpose of influencing the action of an official in the discharge of his or her public or legal duties.The expectation of a particular voluntary action in return is what makes the difference between a bribe and a private demonstration of goodwill. To offer or provide payment in order to persuade someone with a responsibility to betray that responsibility is known as seeking Undue Influence over that person's actions. When someone with power seeks payment in exchange for certain actions, that person is said to be peddling influence. Regardless of who initiates the deal, either party to an act of bribery can be found guilty of the crime independently of the other.

A bribe can consist of immediate cash or of personal favors, a promise of later payment, or anything else the recipient views as valuable. When the U.S. military threatened to cancel a Texas relocation company's contracts to move families to and from military bases, the company allegedly gave four representatives in Congress an all-expenses-paid weekend in Las Vegas in January 1989, and $2,500 in speaking fees. The former president of the company was indicted by a federal Grand Jury in 1994 on bribery charges for both gifts.

No written agreement is necessary to prove the crime of bribery, but usually a prosecutor must show corrupt intent. Bribery charges may involve public officials or private individuals. In the world of professional sports, for example, one boxer might offer another a payoff to "throw" (deliberately lose) an important fight. In the corporate arena, a company could bribe employees of a rival company for recruitment services or other actions at odds with their employer's interests. Even when public officials are involved, a bribe does not need to be harmful to the public interest in order to be illegal.

When a public official accepts a bribe, he or she creates a conflict of interest. That is, the official cannot accommodate the interests of another party without compromising the responsibilities of her or his position.

There is not always consensus over what counts as a bribe. For instance, in many states and at the federal level, certain gifts and campaign contributions are not considered bribes and do not draw prosecution unless they can be linked to evidence of undue influence. In this regard, negative public perception of private contributions to elected officials as payola has caused most states to establish legislative ethics committees to review the public-private relationships of house and senate members. Furthermore, both houses of the U.S. Congress passed legislation in 1994 restricting gifts to no more than $20 in value.

The Supreme Court further clarified the law by setting standards for federal bribery statutes in United States v. Sun Diamond Growers, 526 U.S. 398, 119 S.Ct. 1402, 143 L.Ed.2d 576 (1999). This case grew out of the prosecution of Mike Espy, secretary of agriculture in the Clinton administration, for allegedly accepting bribes. After Espy was acquitted of all charges, the Independent Counsel charged Sun Diamond Growers, a trade association for a large agricultural cooperative, with violating a federal gratuities law that prohibits giving gifts to public officials in exchange for favorable government actions.

After Sun Diamond was convicted of the charges it took its case to the Supreme Court. The Court concluded that a person did not violate the law merely by giving a gift to a public official. Prosecutors must show that there was a connection between a specific official act in the past or future and the gift. Justice Antonin Scalia noted that if the government did not have to prove this linkage then a token gift such as the presentation of a sports jersey by a championship team to the president could be regarded as a criminal act.

The Court also noted differences in various federal bribery statutes, which included broad prohibitions. In the present case, the language of the gratuities statute did not reveal a similar intent by Congress; instead, the Court viewed this law as one strand of a complicated web of laws and regulations addressing official behavior.

It is common for both the recipient and the provider of a bribe to be accused, although bribery is not a joint offense—that is, one person's guilt does not affect the other's. Such was the case when a popular Massachusetts state senator allegedly accepted monthly payments from an investment Broker in exchange for trying to persuade state officials to send state Pension business to the broker. The legislator and the broker were both indicted on misdemeanor charges in early 1995.

U.S. companies that engage in international bribery can become targets of investigation at home. In January 1995, a former sales director of Lockheed Corporation pleaded guilty to violating the federal Foreign Corrupt Practices Act, 15 U.S.C. § 78dd-1 et seq., Allen R. Love told a U.S. district court that he had paid and helped to cover up a bribe to an Egyptian politician for arranging Egypt's 1989 purchase of three Lockheed transport planes.

Congress adopted the Foreign Corrupt Practices Act in 1977 to outlaw payments that are intended to win contracts from foreign officials. Ironically, the law's passage was triggered by testimony from a former vice president of the same Lockheed Corporation at a U.S. congressional hearing in 1976. In that case, the company's vice president admitted to bribing the prime minister of Japan with more than $1.9 million in the early 1970s, so that Japan would buy Lockheed's TriStar wide-body jets.

The severity of bribery can reach the felony level, punishable by a fine or imprisonment, or both. However, charges are sometimes reduced in exchange for helping to convict accomplices. For instance, in June 1994, Love pleaded innocent to felony charges of bribery and conspiracy. Later, he pleaded guilty to one misdemeanor count of "indirectly" conspiring, as part of a plea agreement in which he agreed to testify against the corporation itself, which was also a defendant.

The international sports community was rocked by a bribery scandal involving the 2002 Winter Olympic Games in Salt Lake City, Utah. Two officials of the Utah committee that secured the games were indicted in 2000 on charges of wire and Mail Fraud, conspiracy, and interstate travel in aid of Racketeering. They were charged with paying an official of the U.S. Olympic Committee (USOC) to help influence the selection of Salt Lake City by the International Olympic Committee (IOC). The USOC official who received the bribes later pleaded guilty to several criminal charges including the accepting of a bribe.

Federal prosecutors contended that the two officials had paid $1 million to influence votes of several IOC members. In addition, they had allegedly diverted some $130,000 of the bid committee's income, and had altered books and created false contracts to conceal their actions. The two officials denied that they had done anything wrong, contending that the payments were intended as grants and scholarships for poor athletes. Following the indictments, ten members of the IOC either resigned or were expelled from the organization, and many reforms were undertaken to prevent bribery. The USOC also authorized an independent review of its practices.

However, the two Utah officials successfully challenged the bribery charges. In July 2001, a federal judge dismissed the bribery charges, finding that a Utah bribery statute could not be applied to the defendants' actions. In December 2001, the judge dismissed the remaining criminal counts.

Bribery is the practice of offering, giving, receiving, or soliciting something of value for the purpose of influencing the action of an official in discharge of his/ her public or legal duties.  Bribery is a gain to an illicit advantage.  Federal statutes refer to two classes of offenses: graft and bribery.  The word graft means the fraudulent obtaining of public money unlawfully by the corruption of public officers.  Graft is an advantage which one person by reason of his peculiar position of superiority, influence or trust extracts from another.  Charging an official with graft is to charge him/her for lack of integrity[i].  Graft includes the fraudulent obtaining of public money by the corruption of public officials[ii].

The General Federal Bribery Statute punishes the offence of bribery in the U.S[iii].  According to 18 USCS prec § 201(b), whoever directly or indirectly, corruptly gives, offers or promises anything of value to any public official with intent to influence that person’s official act will be fined for the offence of bribery.  The punishment prescribed by the statue is a fine of an amount not more than three times the monetary equivalent of the thing of value, or imprisonment for not more than fifteen years, or both.  Additionally he/she can be disqualified from holding any office of honor, trust, or profit under the U.S government.

The General Federal Bribery Statute punishes the following acts of bribery:Any public official influencing the performance of any official act in violation of official duty;A person bribing a public official with the intent to influence his/her testimony under oath or affirmation before any court, or any committee;A person demanding bribery in return for being influenced in testimony under oath or affirmation as a witness in a trial or proceeding or in return for his/her absence from such appearance;Any person offering bribery for the performance of a public duty;Any person demanding bribery for the discharge of public duty;Any person giving anything of value personally for testimony under oath to be given by such person as a witness upon any trial; andAny person demanding anything of value personally for testimony under oath to be given by such person as a witness upon any trial.

However, the General Federal Bribery Statute does not prohibit the payment or receipt of witness fees provided by law.  This includes payment to experts for giving testimony in courts also.  Moreover, offenses and penalties laid down in the General Federal Bribery Statute are in addition to those prescribed in the federal statutes relating to obstruction of justice.

In addition to the General Federal Bribery Statute, there are several special bribery statutes in the U.S.  For example, statutes prohibiting bribery of a bank examiner, bribery incident to appointment to a public office, bribery incident to various loan and bank transactions, bribery in connection with the sale or distribution of alcoholic beverages.  The existence of special bribery provisions does not affect the enforcement of the General Federal Bribery Statute.

Moreover, in the federal statute which prohibits travel in interstate commerce with the intent to engage in unlawful activity, bribery is defined in terms of violation of the laws of the state in which the defendant’s actions are committed or of the laws of the U.S..  Thus, in a state in which commercial bribery is prohibited, bribery of private employees constitutes a violation of this statute.

Commercial bribery is the giving or offering to give, directly or indirectly, anything of value to any private agent, employee, or fiduciary, without the knowledge and consent of the principal or employer, with the intent to influence such agent’s, employee’s, or fiduciary’s action in relation to the principal’s or employer’s affairs.

Additionally, the Travel Act provides that whoever travels in interstate or foreign commerce or uses any facility in interstate or foreign commerce with the intent to promote, establish, carry on, or facilitate the promotion, establishment, or carrying on of any unlawful activity and thereafter performs or attempts to perform any unlawful activity shall be guilty of a crime[iv].  Unlawful activity includes bribery in violation of the laws of the United States[v].

[i] Smith v. Pure Oil Co., 278 Ky. 430, 434 (Ky. 1939)

[ii] Smith v. Pure Oil Co., 278 Ky. 430 (Ky. 1939)

[iii] 18 USCS prec § 216

[iv] 18 USCS prec § 201

[v] United States v. Biaggi, 674 F. Supp. 86 (E.D.N.Y. 1987

What is Bribery and Corruption Law?

Bribery and corruption law consists of the criminal rules for dealing with people who attempt to buy influence with public officials and other decision-makers. The crime of bribery encompasses a broad scope of wrongful conduct. It covers bribes of cash, assets, services, favors, or anything else of value, whether delivered presently or in the future. Bribes can occur directly, or indirectly through third parties in an effort to disguise the true nature of the transaction. Even if a transaction is never completed, the mere offering or soliciting of a bribe is enough to incur criminal liability.

Laws prohibiting bribery can be used to punish both the person offering the bribe, and the person receiving it. These laws are designed to root out corruption in the public and private sectors. Defendants accused of taking bribes can include elected representatives, government officials, police officers, board members, labor union officers, sports referees and umpires, and business leaders. Cases involving judges, district attorneys, witnesses, and jurors can lead to particularly severe consequences, as corruption of these individuals is viewed as a direct threat to the integrity of the judicial system.

Common Issues in a Bribery Case

Those accused of bribery are often confused about the nature of the crime, especially since a number of similar offenses exist in every jurisdiction. While bribery statutes are worded in various ways, the most fundamental element concerns the defendant’s intent. To be convicted of bribery, the defendant must have intended the benefit conferred to have an influential effect, leading the person receiving it to take action (or refrain from taking action) in the course of his or her official duties.

Gifts, loans, and other contributions to public officials can create the false impression of a corrupt motive. As long as the item was not intended to influence the recipient’s conduct, then bribery has not occurred. Of course, a bare assertion of a legitimate purpose by the defendant at trial will not be persuasive in light of surrounding circumstances that suggest a wrongful intent. The law permits the jury at a bribery trial to infer the defendant’s intent from the other facts and evidence in the case.

Even if the defendant has acted inappropriately, there is the possibility that the conduct does not amount to bribery, but rather some other related offense. To avoid confusion, focus on the specifics of the transaction. Bribery requires that property changed hands in an effort to influence a decision. By contrast, the crime of illegal gratuities is committed by conferring a benefit as a reward for past favorable conduct. Extortion is designed to compel future action through the use of a threat, blackmail involves paying someone to keep information concealed, and kickbacks are the return of a portion of a benefit received. Finally, the offense of graft is a form of political corruption that, unlike bribery, does not require the participation of anyone other than the elected official.

Federal Bribery Crimes and Statutes

Two major pieces of legislation exist to punish bribery of public officials at the federal level. Bribery of U.S. officials is covered by 18 USC §201. This section defines the crime of bribery in expansive terms, and it contains harsh penalties for offenders. Conviction on a single count can result in fines up to triple the amount of the bribe, as many as 15 years in prison, and a sanction disqualifying the defendant from holding public office in the future. The second piece of federal legislation, known as the Foreign Corrupt Practices Act (FCPA), is a similar statute aimed at bribery of foreign officials by Americans.

Criminal Defense Strategies

Bribery convictions often depend upon surveillance recordings or other surreptitiously gathered evidence. While engaged in collecting this evidence, the police must act within the restraints of the 4th Amendment, and if they do not, the evidence can be suppressed. Suppression means the judge will enter a pre-trial order stating that the evidence cannot be used against the defendant. This affords defendants and their attorneys an opportunity to systematically attack improperly collected evidence on constitutional grounds. If enough of the evidence against the defendant can be suppressed prior to trial, the prosecution will have no choice but to dismiss the case.

The other primary source of evidence in a bribery case is the testimony of individuals who were involved in the scheme or have firsthand knowledge of the events. Thus, another common defense strategy in bribery cases is to discredit a witness’s testimony. Defense attorneys accomplish this most effectively through a rigorous cross-examination. If the witness has made prior inconsistent statements, harbors a bias against the defendant, or is otherwise untrustworthy, a skilled cross-examiner will expose such issues in front of the jury.

Hiring a Lawyer to Defend Your Rights

Allegations of bribery can ruin your career and professional reputation. If you are convicted, you can face fines and jail as well. To ensure the best possible resolution, you need an attorney to protect your interests and negotiate with the government on your behalf. Schedule a consultation today.

Undue Influence A judicially created defense to transactions that have been imposed upon weak and vulnerable persons that allows the transactions to be set aside.

Virtually any act of persuasion that over-comes the free will and judgment of another, including exhortations, importunings, insinuations, flattery, trickery, and deception, may amount to undue influence. Undue influence differs from duress, which consists of the intentional use of force, or threat of force, to coerce another into a grossly unfair transaction. Blackmail, Extortion, bad faith threats of criminal prosecution, and oppressive Abuse of Process are classic examples of duress.

Four elements must be shown to establish undue influence. First, it must be demonstrated that the victim was susceptible to overreaching. Such conditions as mental, psychological, or physical disability or dependency may be used to show susceptibility. Second, there must be an opportunity for exercising undue influence. Typically, this opportunity arises through a confidential relationship. Courts have found opportunity for undue influence in confidential relationships between Husband and Wife, fiancé and fiancée, Parent and Child, trustee and beneficiary, administrator and legatee, Guardian and Ward, attorney and client, doctor and patient, and pastor and parishioner. Third, there must be evidence that the defendant was inclined to exercise undue influence over the victim. Defendants who aggressively initiate a transaction, insulate a relationship from outside supervision, or discourage a weaker party from seeking independent advice may be attempting to exercise undue influence. Fourth, the record must reveal an unnatural or suspicious transaction. Courts are wary, for example, of testators who make abrupt changes in their last will and testament after being diagnosed with a terminal illness or being declared incompetent, especially if the changes are made at the behest of a beneficiary who stands to benefit from the new or revised testamentary disposition.

Nevertheless, courts will examine the facts closely before finding that a transaction has been tainted by undue influence. Mere suspicion, surmise, or conjecture of overreaching is insufficient. The law permits loved ones and confidants to advise and comfort those in need of their support without fear of litigation. Courts are also aware that the doctrine of undue influence can be used as a sword by the vindictive and avaricious who seek to invalidate a perfectly legal transaction for personal gain. When undue influence is found to have altered a transaction, however, courts will make every effort to return the parties to the same position they would have occupied had the overreaching not occurred.

undue influence n. the amount of pressure which one uses to force someone to execute a will leaving assets in a particular way, to make a direct gift while alive, or to sign a contract. The key element is that the influence was so great that the testator (will writer), donor (gift giver), or party to the contract had lost the ability to exercise his/her judgment and could not refuse to give in to the pressure. Evidence of such dominance of another's mind may result in invalidation of the will, gift, or contract by a court if the will, gift, or contract is challenged. Participation in preparation of the will, excluding other relatives, being present when the testator and the attorney meet are all evidence of undue pressure, and an imbalance or change in language which greatly favors the person exercising the influence are factors in finding undue influence. Example: Pete Pounder constantly visits his aunt Agnes while she is ill and always urges her to leave her mansion to him instead of to her son. Pounder threatens to stop visiting the old lady, who is very lonely, tells her she is ungrateful for his attention, finally brings over an attorney who does not know Agnes, and is present while she tells the attorney to write a new will in favor of Pounder.



Citizens Court Watch + & Thank You For Taking The Time To Read This Websites

I Hope That This Websites Can Help You & Others With Your Court Cases / Laws.

You Can E-Mail US AT yourcivilrights@yahoo.com  You Can Also Write To Us at Rommel P. Westlaw  @  P.O. Box 18010 Spokane, Washington. 99228-0010 U.S.A. P.O. Box 960 Newman Lake, Wa. 99025 or P.O. Box 1144 Bonners Ferry, ID 83805  

Phone Messages Call Us  at (Washington D.C. Offices) At # 202-670-LAWS (5297) Florida # 561-90-PRO-SE (7-7673)  Spokane, Wa. # 509-701-5683 or 509-465-4528  Wisconsin # 920-39-JUDGE (5-8343) Texas # 512-887-8779 All Calls Are Welcome

You May Help Others By Making $$$ A Small Donation Or Help With Your Time. PLEASE REMEMBER DO NOT TAKE THE LAW INTO YOUR OWN HANDS  911*


Disclaimer and Fair Use Pages For Westlaw Books + See Full Disclaimer Page + Its Five 5 Button Down From The Top Of This Website + You Can Click # Button + To Read The Whole Disclaimer For This Website and My Other Website's Info. !

Disclaimer of Warranties and Liabilities:
This site does not warrant the accuracy, completeness, timeliness, safety or merchantability of fitness for a particular purpose of the information contained in This site nor in any way endorse the individuals or institutions listed in This site.


In No Event Shall Westlawbooks.com, or Any Other Web Address Etc. or Domain from Westlaw Books or its staff, its sponsors, its contributors or its ISP be liable for any damages whatsoever, including, without limitation, direct, special, indirect, consequential, or incidental damages, or damages for lost profits, loss of money or revenue, or loss of use, arising out of or related to the westlawbooks.com or Any Other Web Address or Domain from Westlaw Books or my other internet Web Site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law or otherwise.

In accordance with Title 17 U.S.C. Section 107, any copyrighted work on this website is distributed under fair use without profit or payment for non-profit research and educational purposes only. Read all about Copyright & Fair Use at- http://fairuse.stanford.edu/

If you have a Complaint About Westlaw Books Dot Com or My Other Domain's ?  Content of this Website, how about telling the webmaster first? You can Contact the Webmaster In Writing At P. O. Box 18010 Spokane, WA. 99228-0010 U.S.A.


Disclaimer: + This is A Disclaimer from the Owner of this Website + Please Read ! + Nothing Here Is To Be Construed As "Legal Advice". We Are Not Lawyers, And We Are Not Pretending To Be Lawyers. This manual and website and information is intended purely as a communication of information in accordance with the right of free speech. It does not constitute either general or specific legal advice. Anyone who is seeking any legal advice should consult a competent professional.

The following is provided for informational purposes only and is intended to be used as a guide prior to consultation with an attorney familiar with your specific legal situation. Westlaw Books is not engaged in rendering legal or other Info. & professional advice, and this form is not a substitute for the advice of an attorney. 


Permission to quote statements we make and use our graphics is hereby granted without obtaining permission. We do Not copyright our quotes or graphics we create, which we Want to be widely dissembled to further the cause of Liberty and Justice for your Families and For All Families. If you use our materials, we certainly would appreciate being informed. Thank you !

Although ALL the Author's and Publisher's Citizens Court Watch Dot Com have made every effort to ensure that the information in this book was correct at press time, the author's and publisher's do not assume and hereby disclaim any liability to any party for any loss, damage, or disruption caused by errors or omissions, whether such errors or omissions result from any negligence, accident, or any other cause etc.

Disclaimer and Fair Use Pages For Westlaw Books + See Full Disclaimer Page + Its Five 5 Button Down From The Top Of This Website + You Can Click # Button + To Read The Whole Disclaimer For This Website and My Other Website's Info. !