Commercial Bribery: Some Basics on the Crime

Commercial bribery is the act of bribing;

• employees,
• agents, or
• the fiduciary to secure a competitive advantage over business competitors.

Commercial bribery is a common crime throughout America and the world in general. In New York, it is unlawful for any party to accept or give a commercial bribe.

There is no federal statute in the United States of America that specifically forbids this type of crime. However, under federal law, commercial bribery is mentioned under aggravated felony under the United States Immigration Law. Many states also do not have state statutes that expressly prohibit commercial bribery.

New York is among the few states with a commercial bribery statute. Other states that have specifically prohibited commercial bribery include New Jersey, California, and Texas. Under New York law, a person can be found guilty of either commercial bribery in the second degree or commercial bribery in the first degree.

The rules governing the different degrees of the crime of commercial bribing can be found under NY PL 180.00 and NY PL 180.03. Since receiving or accepting a commercial bribe is also an offense in New York, the law outlines what constitutes commercial bribe receiving in the second and first degree. The rules governing commercial bribe receiving can be found under NY PL 180.05 and NY PL 180.08.

Commercial Bribing in the Second Degree (NY PL 180.00)

An individual is guilty of commercially bribing another person in the second degree when they confer, or offer, or agree to confer a benefit upon an agent, employee, or upon a fiduciary without the latter’s employer’s or principal’s permission, to influence their behavior in a way that will gain them a competitive advantage.

Commercial Bribing in the First Degree (NY PL 180.03)

Under NY PL 180.03, an individual is guilty of commercially giving out a bribe in the first degree when;

• They confer, or offer, or agree to confer a benefit upon an agent, employee, or upon a fiduciary without the latter’s employer’s or principal’s to influence their behavior in a way that will gain them a competitive advantage.
• The benefit secured exceeds $1,000.
• The benefit causes economic harm to an employer or principal. The damage has to be more than $250.

Commercial Bribe Receiving in the Second Degree (NY PL 180.05)

A party is guilty of commercial bribe receiving in the second degree when they accept another party’s payment without their employer’s or principal’s consent. They are guilty when they accept payment after agreeing that the amount can control their conduct in regard to their employer’s or principal’s businesses.

Commercial Bribe Receiving in the First Degree (NY PL 180.08)

An individual is guilty of commercial bribe receiving in the first degree when;

• They accept payment from another party without their employer’s or principal’s consent after agreeing that the amount can control their conduct in regard to their employer’s or principal’s businesses.
• The benefit’s value is over $1,000.
• The benefit causes economic harm that exceeds $250 to a principal or employer.

If You Need More Information on Commercial Bribery or Are Facing Any Bribery-Related Charges, Contact Our New York City Bribery & Extortion Crimes Attorney.

Contact NYC criminal attorney Mark I. Cohen, Esq. today if you need more information on bribery and extortion crimes or help with your pending criminal charges.

Resource:

nysenate.gov/legislation/laws/PEN/180.03#:~:text=A%20person%20is%20guilty%20of,or%20principal’s%20affairs%2C%20and%20when