Commercial Bribery is defined as bribery that happens in a private business. The difference between Commercial Bribery and regular bribery is that it occurs in a business setting. Regular bribery can just be just be anywhere else. The requirements needed to fulfill a Commercial Bribery case includes an employee that has the intent to fraud. They accept or agree to money or property that has a value of over $250. The received property or money must be someone other than his employer without the employer knowing. And the employee uses his position for that someone’s benefit. An example of this crime would be if John bribed Joe, who works at Samsung, to give him TVs. John would give Joe $300 for each TV without letting his employer know. The person who offers the bribe and the person who accepts would both be charged with commercial bribery.
Punishments for Commercial Bribery
Commercial Bribery can swing in either a misdemeanor or a felony. This depends on the amount of the bribe. For bribes that are under $1000, you can see jail up to a year. However over $1000 bribes can send you to jail or prison for a max of three years. It will also ruin your career and reputation. Related offenses can include theft, and grand theft.
Defenses against Commercial Bribery
In order to be charged with Commercial Bribery they most prove that you had criminal intent. Criminal intent is just the corrupt intent to fraud or injure. Without the criminal intent then there was no such thing as a commercial bribery. You must prove that you acted in good faith and were honest with the “bribe”. And that you did not mean to take the bribe to injure or take advantage of your employer. Therefore the most solid defense is to prove that you did not commit the crime.
Having an attorney that knows the in’s and out’s of a bribery will be crucial in reducing charges and proving innocence.