Federal Government Corruption Charges
During the 1930s, allegations of corruption among public officials was nothing new. In fact, from the founding of the world people have believed in the corrupt and graft-hungry politician. But in 1946, the United States Congress enacted the Hobbs Act in an effort to control racketeering. The law initially targeted the heads of labor unions believed to be the organizers of businesses engaged in illegal operations.
During the ensuing years, however, the Hobbs Act would be used primarily against corrupt government officials. Then in 1970, the RICO Act (Racketeer Influenced and Corrupt Organizations Act) expanded the ability of the Federal Government to become involved in Racketeering charges.
Thus, a well-known and respected lobbyist Jack Abramoff made headlines in 2005. It was a simple plan. Seek a loan of $60M using a fake wire transfer showing $23M for a down payment. However, that led to Abramoff pleading guilty to corruption. The case brought Federal Corruption Charges into the national spotlight.
What are Federal Government Corruption Charges?
For starters, understand that although it may not seem the case, the FBI takes Federal Corruption Charges very seriously. For instance, the Federal Bureau of Investigation states on its website,
When national security is the focus, the FBI considers every threat a viable threat. The government, nor any government official is above the law and in recent years, it has become a top priority.
Because corruption is such a concern, most agencies have internal police who investigate allegations of corruption, embezzlement, fraud, and other forms of theft. As a result, many government workers find themselves under the microscope; and many are Federally charged with Corruption along with related charges.
Whereas the states each have laws regarding official corruption, at times Federal Corruption charges are compounded by charges by the state. This can be particularly confusing to a defendant because a felony to the Feds is not necessarily a felony to the state. When you meet with Jason Korner to discuss your case, he can clarify all charges.
Federal Corruption charges generally combine with other charges. The most common charges to be tied to Corruption charges are Bribery and Graft. A person facing a Federal bribery charge will almost certainly be facing a Federal Corruption charge as well. In the case of bribery charges, there will likely also be a Federal Conspiracy Charge because bribery requires collusion on the part of two parties.
What are the Penalties if Convicted of Federal Government Corruption?
Because Federal public corruption charges generally involve some form of monetary gain, both prison time and fines are usually levied against someone found guilty. Additionally, the fines are usually commensurate with the value of the theft so that the monetary penalties may be quite high.
Also, the United States Sentencing Commission allows for a vast range in the penalty phase of corruption trials. Judges are known for meting out long terms, often in excess of 20 years.
The statute of limitations for Federal corruption charges is five years.
Finally, even if found not guilty, the reputation of a public official involved in a Federal Corruption charge can be damaged beyond repair. For this reason, anyone charged with corruption should contact an experienced attorney such as Jason A Korner immediately. And say nothing to the press until speaking to your attorney.
What Are Defenses to Federal Corruption Charges?
Because Federal Corruption charges nearly always are filed in support of other charges, the defense we choose for your case will depend on a multitude of factors.
There are several ways to defend against Federal Corruption Charges; here are the top three ways to defend a Federal Corruption Charge.
- Force the Prosecutor to prove every element of the alleged crime
- The validity of the title of Public Official may be raised
- If a failure to show intent to influence or no equal exchange occurred, there is no crime
If Jason Korner takes your Federal Corruption Charge case, here is what you can expect to happen, especially if you are a public official currently holding your public position.
- You will refrain from any mention of this case or related elements to anyone in public, especially anyone from the media.
- You will hold your speech on the job tightly. You are to avoid discussions of the case on the job.
- You will provide me with a true and faithful accounting of your exact role (if any) in the crime.
- We will learn what the prosecutor has by way of evidence then proceed with developing a strategy.
- I will manage the media. I will inform the media that all inquiries be made through my office and you are to do the same.
- We will immediately investigate the likelihood of a partisan effort to eliminate a candidate.
As with any charges, a passionate and knowledgeable defense must be tailored to the case. When you speak with Attorney Jason Korner regarding your case, there will be many questions related to what you know.
Facing a Federal Government Corruption Charge? Call Criminal Defense Attorney Jason Korner Now!
- America v McDonough. Model case for defending a public official against charges of public corruption. The American Bar Association. Retrieved on June 18, 2016 from: http://apps.americanbar.org/rol/publications/asia_raca_mr_dreyer_defending_official.pdf
- An Overview of Public Corruption Laws & Prosecution in the United States from the FBI
- Understanding the Legal Basis of Corruption Charges in Campaign Finance Law
People also ask
What is corruption of public official?
Essentially, any time a Federal public official misuses his or her office for personal gain, Federal charges of corruption may be brought. However, the Department of Justice is mainly concerned with embezzlement, fraud, or theft of government property. So generally, when such charges are made, theft by a pubic official is involved to some degree. Public official means all employees of the Federal Government. This includes secretaries, data entry clerks, custodians, drivers…anyone in the employment of the United States government is considered a public official for sake of these charges.
What is corruption in the government?
Corruption in the government is often a misleading phrase. It is generally used when an individual is brought up on charges of official corruption, but an individual hardly represents the entire government. Thus, the expression is really referring to corruption of a public official, someone who uses his office for personal gain outside the boundaries of law.