Under federal law, it is illegal for a person to bribe a public official. Specifically, it is a crime to corruptly offer something of value to an official with the intention of manipulating an act by an official, influencing an official to carry out a fraud on the federal government, or to persuade an official to carry out an act which violates his duties.

An official can be convicted of bribery for corruptly seeking or agreeing to take something of value for himself or for another in exchange for carrying out some act, committing a fraud upon the federal government, or being persuaded to commit an act which violates his duties. A conviction under these laws may result in a prison sentence of up to two years and a fine.

There are also federal laws that make it a crime to commit embezzlement or bribery in regards to programs that acquire funds from the federal government. These laws apply to any organization or governmental agency that receives more than $10,000 a year under some federal program.

Federal law also provides that it is illegal for certain employees of organizations, state governments, or local governments to embezzle, steal, or fraudulently obtain property which meets or exceeds $5,000, and is owned or controlled by the organization or government. It is also illegal for employees of an organization or government to corruptly solicit or accept something of value with the intent of being influenced when it comes to business or transactions by the organization or government involving anything which meets or exceeds the $5,000 threshold.

A criminal defense attorney has many options in defending government corruption charges. First, the government must be able to prove every element of the crime beyond a reasonable doubt. If the government cannot prove every element, there can be no conviction. For instance, one element of bribery requires a corrupt objective to influence the discharge of official duties. If there is no evidence of the intent to influence or to be influenced, there can generally be no conviction. The element of intent to influence or to be influenced can be a difficult challenge for prosecutors in some bribery cases. Generally, there must be an intention to give or receive something of value in exchange for an act. A gift that is simply good will and given in the hope of some ultimate generalized benefit usually does not rise to the level of a bribe.

It may also be possible to argue that a person is not a "public official" within the meaning of the statute. An official does not have to be a final decision maker, but the official generally does need to be in a position of providing information and making recommendations to decision makers. Their recommendations usually need to be given some amount of weight in influencing the outcome of decisions.

Many other defenses are available to a defendant accused of government corruption, but federal bribery and corruption charges can be complex. If you have been charged or are being investigated for government corruption, you need an experienced Georgia defense lawyer who will defend your legal rights. Our firm has successfully represented clients charged with public corruption in several high-profile cases in the past few years. If you have been charged with government corruption, bribery or fraud, our firm may be able to help.

The information provided above is a very general summary of the law regarding this particular legal issue at the time this text was prepared. Because this analysis is subject to change depending upon recent cases and developments, you should not rely on this summary as legal advice. As with any important legal question, you should always consult with a lawyer licensed to practice in your jurisdiction. Our lawyers are licensed to practice in all Georgia state and federal courts.