There’s a great old movie from the 1940s called “The Bribe,” featuring Vincent Price. He runs a war-surplus racket and offers bribes to a federal agent already tempted by corruption in the form of Ava Gardner. More recently, FIFA (the international governing body of World Cup soccer) is seeking restitution from soccer and marketing officials who took bribes. And closer to home, former Deputy Attorney General Tim Longmeyer awaits sentencing on a federal bribery charge after admitting to accepting monetary kickbacks from a contractor during his time as Kentucky Personnel Cabinet Secretary. Allegations and representations of illicit gifts made to secure favorable treatment, it seems, are everywhere.
No matter which side of the coin you find yourself on, securing good legal representation early in the process is critical to the outcome. The Kentucky defense attorneys at the Carman Law Firm welcome the opportunity to meet with you to discuss the charges, review the circumstances of your arrest, and make a plan for defending your rights.
The founder and managing partner of our firm, Dan Carman, has wide-ranging experience from when he served in the United States Marine Corps as defense counsel, prosecutor, legal assistance attorney, and in-house counsel for an infantry battalion. This background gives him a valuable understanding about both sides of the legal process, which can be very beneficial to his clients. He also knows how the Kentucky criminal justice system operates and will personally handle your case each step of the way. Call his office at (859) 685-1055 or complete this convenient online form for a free initial consultation.
Kentucky has a few criminal laws dealing with bribery. The most common has to do with public officials and prohibits these things:
- Offering, conferring, or agreeing to confer any pecuniary benefit upon a public servant with the intent to influence the public servant’s vote, opinion, judgment, exercise of discretion, or other action in his official capacity as a public servant
- While a public servant, soliciting, accepting, or agreeing to accept any pecuniary benefit upon an agreement or understanding that his vote, opinion, judgment, exercise of discretion, or other action as a public servant will thereby be influenced.
Another statute addresses commercial bribery and makes it illegal to:
- Offer, confer, or agree to confer any benefit upon any employee or agent without the consent of the latter’s employer or principal with intent to influence his conduct contrary to his employer’s or principal’s best interests
- Offer, confer, or agree to confer any benefit upon any fiduciary without the consent of the latter’s beneficiary with intent to influence him to act or conduct himself contrary to his fiduciary obligation.
A third states that a person is guilty of sports bribery when he:
- Offers, confers, or agrees to confer any benefit upon a sports participant with intent to influence him not to give his best efforts in a sports contest
- Offers, confers, or agrees to confer any benefit upon a sports official with intent to influence him to perform his duties improperly.
Bribery of a public servant is a Class C felony, punishable by five to ten years in prison as well as a maximum fine of $1,000 to $10,000, or double the gain from the offense, whichever is greater. Commercial bribery is a Class A misdemeanor, while sports bribery is a Class D felony. Class A misdemeanors can carry sentences of up to 12 months in jail and a maximum fine of $500. For a Class D felony, a defendant can be sentenced to between one and five years in prison and to a maximum fine of $1,000 to $10,000.
Every criminal charge depends on the facts of the case, which is why you need an experienced and effective KY bribery lawyer in your corner. One common defense is that the necessary intent was not present. Another valid defense when a public official is concerned is that the defendant conferred or agreed to confer a pecuniary benefit due to his being extorted or coerced by the public servant. Creative defense arguments can also involve elements of mistake, double jeopardy, insanity, duress, and procedural issues. At a minimum, a skilled lawyer with the right set of facts may be able to get your charge reduced to a less serious offense.
We Can Help
Having an advocate on your side who will thoroughly review and investigate the factual and the legal issues in your case can make all the difference. From Kentucky misdemeanors to federal charges and felonies, the Lexington-based Carman Law Firm has the knowledge and experience necessary to obtain the best possible resolution of your criminal charges. KY bribery defense attorney Dan Carman provides aggressive representation with proven results to clients throughout the state in communities such as Georgetown, Nicholasville, Richmond, and Winchester. A native of Lexington and a graduate of the University of Kentucky College of Law, Dan is dedicated to helping those in his community who may find themselves struggling with serious allegations. Not all criminal charges have to end in convictions. Contact him today and tell him your side of the story. Call (859) 685-1055 or fill out this online contact form.