For many people, they think of bribery as more of an ethics issue than a legal one. If you are one of those people, know this: bribery is a crime in Illinois. In fact, two former governors have served jail sentences after bribery-related convictions. If you are under investigation for bribery or have been arrested and charged in Chicago or the greater metropolitan area with a bribery offense, you need to retain an experienced criminal defense attorney. The accusation is serious and the penalties that follow a conviction are even more serious.
At Dolci & Weiland, our white collar crime attorneys are committed to your offense. We know for many people, they thought what they were doing was harmless and for other people, no actual crime was committed. Bribery laws are specific laws, and the elements of each crime must be proven beyond a reasonable doubt. Lacking the latter, you cannot be convicted of the offense. Our legal team at Dolci & Weiland put forth a defense strategy that aims at the least to create doubt necessary for an acquittal at trial or to put forth at best the evidence necessary to get the charges dismissed or reduced.
Below is an overview of bribery laws in Illinois. If you still have questions or want to get started on a smart, strategic defense, contact Dolci & Weiland today.
What are Bribery Laws in Illinois?
Typically speaking, bribery is the act of offering something (e.g., money, goods, or services) to another person to influence the latter person's conduct. Illinois takes bribery very seriously. There are even three different statutes that address the offense:
- 720 ILCS 5/33-1, which governs bribery;
- 720 ILCS 5/29-1, which governs bribe offers; and
- 720 ILCS 5/29A‑1, which governs commercial bribery.
To be convicted of any one of the above three offenses, the elements of each specific crime must be proven beyond a reasonable doubt. The elements and potential penalties for each are described below.
Bribery
Bribery under 720 ILCS 5/33-1 refers to politics, government, and the judicial system. Either the person offering or receiving the bribe can be charged with the crime of bribery. The statute lays out five specific situations where the criminal act of bribery is committed:
- When a person intends to influence the conduct of a public officer, a public employee, a juror, or a witness, by promising or delivering to that person property or a personal advantage that the public officer is not permitted by law to accept; or
- When a person intends to influence the conduct of a person whom he or she believes is a public officer, a public employee, a juror, or a witness, by promising or delivering to that person property or a personal advantage that the public officer is not permitted by law to accept; or
- When a person intends to have another person influence the conduct of a public officer, a public employee, a juror, or a witness, by promising or delivering to that person property or a personal advantage that the public officer is not permitted by law to accept; or
- When a person receives, retains, or agrees to accept any property or personal advantage he or she is not permitted by law to accept knowing that the acceptance or receipt of the same is because he or she is to perform a certain act related to his or her employment as a public officer, a public employee, a juror, or a witness; or
- When a person solicits, receives, retains, or agrees to accept any property or personal advantage he or she is not permitted by law to accept knowing that the acceptance or receipt of the same is because he or she is to perform a certain act related to his or her employment as a public officer, a public employee, a juror, or a witness.
This offense is typically charged as a Class 2 felony, which can result in a prison sentence of between three to seven years and fines of up to $25,000.
Offering a Bribe
Offering a bribe under 720 ILCS 5/29-1 refers to sports and bribery. It can be sports related to pro athletics, amateur sports, college sports, or interscholastic competition.
Typically this offense is charged as a Class 4 felony when a person intends to influence a person's performance (by not using “his best efforts in connection with such contest” via the promise or delivery of money, something of value, or an advantage. A Class 4 felony carries a prison sentence between one and three years and a fine of up to $25,000.
This offense is charged as a Class A misdemeanor when a person influences another person by promising money, something of value, or an advantage in exchange for him or her not to attend or discontinue attending a particular public or private institution of secondary education or higher. A Class A misdemeanor carries a jail sentence of up to one year and a fine of up to $2,500.
Commercial Bribery
According to 720 ILCS 5/29A‑1, commercial bribery occurs when a person intends to influence an employee to perform some act in relation to his employment without the employer's consent in exchange for the promise of a benefit. This offense is usually charged as a Class A misdemeanor or a Class 3 felony, the last of which carries a prison sentence of between two to five years and a fine of up to $25,000.
Are There Any Defenses to Bribery Allegations in Illinois
There are defenses to a bribery allegation in Illinois. Defenses for these types of crime usually involve:
- Entrapment, where you are induced or otherwise trapped by someone else (usually an undercover agent) to commit the offense of bribery;
- Coercion, where you are forced to bribe another person or accept a bribe out of an inability to safely avoid the bribery (e.g., your life was being threatened);
- Mistake of fact, where the facts were wrong and no unlawful took place;
- Mistaken identity, where you were falsely identified or accused; or, among others,
- Lack of intent, where you did not intend to promise or accept something of value in exchange for the desired conduct.
Even when one of these defenses is not available to you, a good defense attorney will develop a strategic defense so that you get the best outcome possible under the circumstances.
Contact an Experienced Bribery Defense Attorney in the Greater Chicago Metro Area
Bribery law is complex and serious. In addition to the criminal penalties -- if convicted -- is the social stigma associated with these types of crimes. The effects can be far-reaching and can impact your family and friends and any business you are associated with. To clear your name or to get the best possible defense, contact Dolci & Weiland today.