Bribery

NJSA 2C:21-10 deals with commercial bribery and breach of duty to act disinterestedly is what to study when charged with bribery. As the statute reads, a person commits a crime if s/he solicits, accepts or agrees to accept any benefit as consideration for knowingly violating or agreeing to violate a duty of fidelity to which s/he is subject as:

1. An agent, partner or employee of another.
2. A trustee, guardian, or other fiduciary.
3. A lawyer, physician, accountant, appraiser, or other professional adviser or informant.
4. An officer, director, manager or other participant in the direction of the affairs of an incorporated or unincorporated association.
5. A labor official, including any duly appointed representative of a labor organization or any duly appointed trustee or representative of an employee welfare trust fund.
6. An arbitrator or other purportedly disinterested adjudicator or referee.

Though routine in some countries, bribery and corruption affect New Jersey societal welfare, economic growth, and an organization’s infrastructure. New Jersey companies risk penalties and violation of legislation such as the New Jersey Statutes or the Foreign Corrupt Practices Act if they participate in such activities.

Under the New Jersey Statutes, a person may also be guilty of bribery if s/he holds out to the public as being engaged in the business of making disinterested selection, appraisal, or criticism of commodities, real properties or services commits a crime if he solicits, accepts or agrees to accept any benefit to influence his selection, appraisal or criticism. There is a need to balance appreciation for cultural differences while being skilled at resisting and stopping bribery.

In New Jersey, a person commits a crime of bribery if s/he confers, or offers or agrees to confer, any benefit the acceptance of which would be criminal. If the benefit offered, conferred, agreed to be conferred, solicited, accepted or agreed to be accepted in violation of the New Jersey Statutes is $75,000.00 or more, the offender is guilty of a second degree crime. If the benefit exceeds $1,000.00, but is less than $75,000.00, the offender is guilty of a third degree crime. If the benefit is $1,000.00 or less, the offender is guilty of a fourth degree crime.

When faced with criminal bribery charges, the Moriarty family can assist you in building a defense to either win your case or, at the very least, decrease prison time and penalties. Federal charges and white collar charges in general are taken very seriously in New Jersey. Having the right lawyer on your side is critical. Call us today at (732) 842-7773 or email us to begin fighting your way to freedom.

Criminal charges can be brought in either the Municipal or Superior court. The more severe the criminal charges the more likely they are to be handled in Superior Court, while minor charges are typically resolved in Municipal Court. We have a well deserved reputation for being the best in both arenas.

The severity of your charges is a determination made by the State and is usually based on a variety of factors. Penalties will vary based on the degree of the crime and whether or not there was a criminal conspiracy involved.

Call (732) 842-7773 to speak with one of the Moriartys 24 hours a day, 7 days a week to discuss your charges or you can contact us by e-mail to schedule a free initial consultation.