Bribing Bank Employee Lawyers

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 What is Consumer Banking?

Consumer banking, which is also referred to as personal banking, provides financial services to individuals as individuals and not as business owners. Examples of consumer banking services include:

  • Credit card services;
  • Checking accounts; and
  • Savings accounts.

Consumer banks may also provide:

  • Mortgage loans;
  • Personal loans; and
  • Certificates of deposit (CODs).

What is Bribery?

Bribery is defined as promising, offering, or giving something of value, usually a pricey item or money, with the intention of exploiting the action of a public official wrongfully. For the public official, they would be guilty of bribery if they agree to receive, request, accept, seek out, or order something of value and use their public office as a tool to obtain that item of value.

The crime of bribery is committed at the moment of asking or offering. It does not matter whether something of value is ever given.

There has to be an understanding between the parties. This is referred to legally as a quid pro quo, or this for that.

A public official must comprehend that, by accepting the item of value, their opinion, recommendation, judgment, or any other public act of discretion will be affected. This action must be related to the official’s public position.

What is White Collar Crime?

White collar crimes are non-violent crimes that are usually committed for some type of financial payoff. These types of offenses are usually done to avoid losing or to gain:

  • Cash;
  • Property; or
  • Benefits.

In some cases, they may also be inspired by the individual’s need to secure a personal or business benefit. The term is defined as a crime that is committed by an individual of respectability and high social status in the course of their occupation.

White collar workers have been defined historically by management and office jobs. In contrast blue-collar workers typically wore blue shirts which they were laboring in physically demanding jobs.

White collar crimes, as a category, have expanded greatly as new technology and financial developments have created new opportunities for committing these types of crimes. In addition, the Internet enables many new types of white collar crimes, including sending fraudulent emails that request help by sending substantial amounts of money.

These types of crimes are often committed by professionals who are either employed by legitimate businesses or enterprises that are posing as legitimate. The actions involved in the cases are rarely violent and are, instead, committed through a series of deceitful or fraudulent behaviors.

Certain definitions of white collar crimes only include offenses committed by individuals to help themselves. The FBI, however, provides that these crimes may also occur as widespread fraud that is perpetrated by many individuals in a corporation or government institution.

Although these crimes do not involve violence, they can still be extremely destructive. In some cases, they may result in the theft of millions of dollars.

What Can Happen to Me if I am Convicted of Bribery?

Bribery is a criminal offense. Therefore, the punishment is provided by state law.

In numerous states, bribery is categorized as a second or third-degree felony, which may result in more than a year of prison time.

Prison time of up to 10 years and a $20,000 fine may be imposed, depending on the state as well as severity of the harm that was caused by the act of bribery. The social consequences of a bribery conviction may also be powerful because people will no longer see an individual as dependable.

What is the Definition of a Felony?

A felony is defined as any criminal offense which, upon conviction, results in a year or longer in prison for a defendant. These crimes usually involve violence and are considered dangerous or harmful to society.

Felony crimes also include some of the most severe crimes that a defendant can perpetrate, for example, first-degree murder and arson. Criminal offenses that do not rise to the level of a felony will typically fall into one of two other classifications, misdemeanors or citations.

Is Bribing a Bank Employee Illegal?

The federal government has enacted criminal laws that punish individuals who give or take bribes in the financial institution setting. The purpose of these laws is to prevent bank deposits from being harmed by employees of banks who provide unsound and proper lines of credit to bribers.

It is important to note that these laws are intended to protect the deposits themselves, not the bank or the employees of the bank.

What Counts as Bribing a Bank Official?

If an individual promises, offers, or provides anything of value to a bank employee with the intent to influence or reward that bank employee in connection with the transaction, they may be found to have bribed a bank official.

What if a Bank Official Accepts a Bribe?

If a bank employee or official demands, requests, agrees to, or accepts anything of value from an individual with the intent to reward them during a transaction, they may be found to have been bribed. Whether a bribe is actually given to the bank employee or is diverted to a third party does not matter.

This is because the laws are intended to prevent bank employees from being influenced.

What is the Penalty for Giving or Accepting a Bribe?

If an individual is found guilty of giving or accepting a bribe, they may be:

  • Fined up to one million dollars, or three times the value of the bribe given, offered, promised, requested, demanded, accepted, or agreed to be accepted, depending on which amount is greater; or
  • Sent to prison for no more than thirty years; or
  • Sentenced to both paying a criminal fine and imprisonment.

If a bribe is less than $100, an individual may face:

  • A fine of three times the value of the bribe given;
  • A sentence of up to 1 year of incarceration; or
  • A combination of both.

What are the Legal Defenses to Bribery?

There are several defenses which may be available against a charge of bribery. This is because this offense is a specific intent crime.

A specific intent crime is a crime where the prosecution will be required to prove that the defendant had the intent to commit the crime as well as to achieve a specific end result.

Some of the legal defenses that may be available to bribery include:

  • No intent: There can be no bribery conviction if there was no intent to bribe. This means that a defendant cannot be convicted of bribery if they did not mean to exploit the official by offering something of value;
  • Intoxication: The defendant was too intoxicated to cultivate the necessary intent to commit bribery; and
  • Entrapment: The defendant did not have the initial idea to commit bribery and was exploited or enticed by law enforcement to commit the crime.

Do I Need a Lawyer?

If you have been accused of taking or giving a bribe in a financial institution setting, it is in your best interests to consult with a criminal defense attorney who has experience with white collar crimes. Your attorney can review your case, advise you whether any defenses may be available, and represent you in court.

In addition, your attorney can attempt to negotiate a reduction in charges or a plea deal with the prosecution. It is important to have an attorney protecting your rights, as a criminal conviction may affect much more than just your criminal record.

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