The Role of a Virginia Federal Public Corruption Attorney
Public corruption crimes undermine the integrity of the U.S. political infrastructure. They can also be considered a threat to democratic values. As a result, federal authorities zealously bring these offenders to justice. They tend to aggressively investigate and prosecute alleged offenders.
Those accused of public corruption should know that these charges can be destructive. Having a Virginia federal public corruption attorney on your side can help. A Virginia federal public corruption attorney plays a vital role in providing a solid defense and protecting the rights of individuals accused of public corruption at the federal level.
The potential legal consequences of a public corruption charge can be severe, but fighting against the federal government can be frightening. The federal criminal law is complex. Attorneys Gretchen Taylor Pousson and Matthew Kensky of Scrofano Law PC have experience defending federal offenses. They can help you navigate the federal criminal process and the federal courts.
What Is Public Corruption?
Public corruption is an umbrella term that covers various offenses. Usually, public corruption refers to the abuse of public office or position by government officials or individuals entrusted with public authority for personal gain, such as bribery, embezzlement, fraud, or abuse of power.
The act of public corruption on the other hand, involves using public resources or individuals for personal gain. Examples of public corruption include:
-
Accepting bribes in exchange for performing official duties
-
Embezzling public funds
-
Extorting money or other benefits from other individuals or companies
-
Using public office for personal gain
-
Using public resources to enrich a business where you own an interest
Federal laws govern public corruption. These statutes cover a range of offenses. Not only those who commit public corruption face federal charges. Those who attempt or conspire to commit public corruption can also be charged.
The penalties for public corruption offenses can vary. Generally, they result in fines and imprisonment. To ensure your rights are protected, working with an attorney is critical. Hiring those experienced with federal public corruption cases can be highly beneficial.
Common Types of Public Corruption Crimes
Some of the most common public corruption crimes include:
- Bribery
- Extortion
- Gratuity
Bribery
Federal law (18 U.S. Code Section 201) defines bribery as giving gifts in exchange for a particular act.
The receiver of the bribe has to be a federal public official. That can be anyone with official federal responsibilities that the public trusts. Bear in mind that bribery imposes criminal liability on both federal officials and the givers of the bribe.
Potential penalties include up to 15 years of prison time and a harsh fine. The fine can be up to three times the value of the item exchanged, or $250,000.
The item of value is subjectively determined. Thus, a Virginia federal attorney may be able to contest this element in court.
Gratuity
Gratuity involves receiving or giving something of value by or to a public official. 18 U.S.C. § 201(c)(1)(A) defines illegal gratuity as giving a gift in response to a public official’s action or decision. Bribery and gratuity are different in that gratuity occurs after the fact.
The gratuity statute does not prohibit all gifts, only those tied to specific official actions. In order to prove a violation of the federal gratuity statute, the government must show that the gratuity was given to the official as a result of a specified performance. Generally, it is not enough to prove an official’s position resulted in the gratuity.
A gratuity offense is punished less severely than bribery. Although the fine is up to $250,000, the punishment is up to two years in prison.
Extortion
Known as The Hobbs Act, the federal law (18 U.S. Code Section 1951) defines extortion. Extortion is the act of obtaining something from another person through force or threats. It is where the wrongful application of actual or threatened force or fear influences the consent given.
While both parties are liable in bribery cases, that is not the case with extortion. In extortion cases, the victim is innocent.
The penalties for those convicted of extortion can be particularly severe. Potential fines can go up to $250,000. The convicted individual may also have to spend up to 20 years in prison. But, suppose the violence resulted in injuries to the victim. In that case, the defendant may also be charged with other underlying offenses, such as an assault.
How Can an Attorney Help With Federal Public Corruption Charges?
The federal criminal process can be challenging. The prosecution of a federal public corruption case is often the result of a lengthy investigation. The federal agencies will gather substantial evidence to win the case. Moreover, public corruption cases can be easy for a jury to understand. That is opposed to other federal offenses such as mail or wire fraud.
In some cases, the early intervention of a federal criminal lawyer can help mitigate inevitable legal consequences. Public corruption cases are often brought against people in the public eye. However, the timely help of an experienced attorney can be essential. It can help in protecting their professional and personal reputation. Specific legal mechanisms may delay or diminish the spreading of sensitive information.
Federal prosecutors may have to prove the defendant had criminal intent. That is often an issue your attorney can contest. Your Virginia federal criminal attorney will be the barrier between you and the government. They can also oversee many other aspects of the case and seek flaws in the prosecution’s case.
Charged With Public Corruption by Federal Authorities? Reach Out to Our Law Firm
Being accused of a federal public corruption offense can be daunting. But understanding the charges you’re facing and your legal options is critical. Working with a skilled criminal defense lawyer can be the best way to protect your rights and future.
If you’re facing public corruption charges, get in touch with Gretchen Taylor Pousson and Matthew Kensky of Scrofano Law PC. With extensive experience and a strong track record in defending individuals, Gretchen Taylor Pousson and Matthew Kensky are committed to safeguarding the rights of their clients and providing a formidable defense against charges related to public corruption. Contact us today, and let us explain how we can help and fight these charges.