Conspiracy to Commit Bribery - Title 18 U.S. Code 371
Bribing or attempting to bribe a federal official is a serious federal crime (18 U.S.C. 201) that can result in steep fines and many years in prison if you are convicted.
However, you can also be prosecuted simply for planning or agreeing to commit bribery, even if the bribe never took place. This falls under the federal conspiracy statute, Title 18 U.S. Code § 371.
Conspiracy to commit bribery is a separate offense from the act of bribery itself.
The government does not need to prove that money changed hands or that an official act was influenced, but simply that an agreement existed to do so.
If convicted, you could face up to five years in prison regardless of whether you are charged and/or convicted for the act of bribery itself.
If you are facing charges of any kind related to bribery, having an experienced federal criminal defense attorney can make a huge difference in whether your case results in a favorable outcome.
Key Takeaways
- 18 U.S.C. 371 is the primary federal law that criminalizes conspiracy, which involves two or more people agreeing to commit an offense against the United States or to defraud the United States.
- Under this conspiracy law, at least one individual must perform an "overt act" (a step) to advance the plan, which can result in penalties of up to five years' imprisonment, fines, or both.
- This federal statute covers a conspiracy to bribe a federal official because it involves an agreement to commit a federal crime (bribery) or to defraud the government, which requires both the agreement and an overt act for prosecution.
- 18 U.S.C. 201 makes it a federal offense for developers to commit bribery by corruptly giving, offering, or promising something of value to a public official to influence official decisions, such as zoning approvals or contracts.
What Does Section 371 Say?
18 U.S. Code 371, Conspiracy to commit offense or to defraud United States, says "If two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy, each shall be fined under this title or imprisoned not more than five years, or both.
If, however, the offense, the commission of which is the object of the conspiracy, is a misdemeanor only, the punishment for such conspiracy shall not exceed the maximum punishment provided for such misdemeanor."
Under Title 18 U.S. Code Chapter 19 Part I, Conspiracy, the two related federal laws are:
- 18 U.S.C. 372. Conspiracy to impede or injure an officer
- 18 U.S.C. 373. Solicitation to commit a crime of violence
The Underlying Crime of Bribery
Under Title 18 U.S. Code 201, bribery generally involves the corrupt giving, offering, or promising of something of value to a public official.
The intent must be to influence an official act, commit fraud, or induce the official to violate their lawful duty.
Conversely, it is also a crime for a public official to demand, seek, or accept anything of value in return for being influenced in their official capacity.
"Public officials" include members of Congress, federal employees, jurors, and anyone acting on behalf of the United States government.
Bribery and Conspiracy
While the substantive crime of bribery requires specific actions and often the exchange of value, conspiracy charges operate differently. They focus on the planning stages and the criminal partnership itself.
As noted, 18 U.S.C. 371 makes it a crime for two or more persons to conspire to commit any offense against the United States.
When prosecutors charge you with conspiracy to commit bribery, they are alleging that you agreed to violate the bribery statute.
Since bribery by nature is an act of fraud (whether an attempt to subvert fair trade, the justice system, etc.), planning the act with another individual qualifies as conspiracy.
Charged After an Agreement is Made
The critical distinction here is that the crime of conspiracy is complete once the agreement is made and one overt act is taken to further it. The bribery does not need to succeed. You can be charged and convicted of conspiracy even if:
- No money was ever paid.
- The public official rejected the offer.
- The official act was never performed.
- The conspiracy was abandoned before the bribery occurred.
This allows federal prosecutors to intervene and bring charges early in an investigation, often using wiretaps, informants, or surveillance to establish the existence of an agreement.
What Factors Must Be Proven to Convict
For a conviction under U.S.C. 371, the government must prove the following:
- Agreement: Two or more people must agree to commit bribery. This agreement doesn't need to be formal; a verbal or tacit understanding is enough if supported by evidence.
- Illegal Objective: The agreement must aim to violate federal law, such as bribing a public official or witness.
- Knowledge and Intent: You must have known about the conspiracy and willingly joined it with the intent to further its unlawful purpose.
- Overt Act: At least one conspirator must take an overt act to advance the conspiracy. This act doesn't need to be illegal by itself-it could be as simple as a phone call, withdrawing cash, or booking a flight.
Penalties for Conspiracy
The penalties for conspiracy to commit bribery can be severe, though typically less severe than the act of bribery itself. A conviction is a felony punishable by:
- Up to five years in federal prison; and/or
- Fines of up to $250,000.
Common Defenses Against Conspiracy Charges
Defending against conspiracy charges requires dissecting the government's evidence regarding the agreement and your intent.
A skilled federal criminal defense attorney may employ several strategies to combat these allegations, including, but not limited to, the following:
- Lack of Intent: Since conspiracy is a specific intent crime, you cannot be convicted if you did not intend to join an agreement or for the bribery to occur. For instance, if you were present during discussions but believed they were hypothetical or a joke, you may have lacked the required criminal intent.
- No Agreement Existed: A strong defense can be built by demonstrating that no actual agreement was ever reached, even if discussions took place.
- Insufficient Evidence of an Overt Act: The prosecution must prove that an overt act was taken to further the conspiracy. If the alleged actions were merely preparatory and did not actually advance the criminal plot, this element of the crime may not be satisfied.
- Withdrawal: This is a valid defense if you effectively withdrew from the conspiracy before the crime was committed.
- Entrapment: You may claim entrapment if a government agent induced you to commit a crime you were not predisposed to commit. This defense argues that the criminal idea originated with the government, not you.
If you need additional information ot a case evaluation, contact the federal criminal defense law firm at Eisner Gorin LLP.