Federal embezzlement and bribery

Federal bribery and embezzlement charges can be complex, and individuals facing these accusations often have many questions. Below are some frequently asked questions that address areas not previously covered in this article:

① Can bribery charges be brought even if no money changes hands?

Yes. Bribery charges can be filed even if no money or tangible items were exchanged. It is enough that an offer or solicitation of something valuable was made with the intent to influence an official act. The key element is the intent to influence, not the actual exchange of money or gifts.

② Does embezzlement only apply to government funds?

No. While federal embezzlement charges under 18 U.S.C. § 641 apply to the theft or misuse of federal funds or property, embezzlement can also occur in private businesses. Embezzlement generally involves the theft of property or funds by someone in a position of trust, whether that trust is placed by a private employer, a nonprofit organization, or the federal government.

③ What is the statute of limitations for federal embezzlement and bribery charges?

Under federal law, the statute of limitations for most federal crimes, including bribery and embezzlement, is five years. However, in certain cases, such as embezzlement of public money, the statute of limitations can be extended to ten years. It’s important to consult an attorney promptly if you suspect you’re being investigated or if charges have been filed.

④ Can I be charged with bribery for accepting a gift?

It depends on the circumstances. Accepting a gift can lead to bribery charges if the gift is given with the intent to influence your actions as a public official or someone in a position of authority. Even gifts that appear to be given innocently can result in bribery charges if they are later linked to an official act. The intent behind the gift and its connection to a government function or decision are crucial in determining whether bribery has occurred.

⑤ Can someone be charged with bribery for making a political donation?

Political donations are not automatically considered bribery. However, if a donation is made with the explicit intent of influencing a public official’s actions or decisions, it can be seen as bribery under federal law. It is the intent behind the donation that matters. If there’s an agreement—whether spoken or implied—to exchange a favor or influence in return for the donation, it could result in bribery charges.

⑥ How does federal embezzlement differ from theft?

While both embezzlement and theft involve taking property that doesn’t belong to you, the key difference is the position of trust. In embezzlement cases, the accused is typically someone who was trusted with managing or controlling the property or funds, such as an employee, contractor, or official. Theft, on the other hand, occurs when someone unlawfully takes property with no legal right or responsibility to it.

⑦ Is it possible to face both federal and state charges for bribery or embezzlement?

Yes, depending on the circumstances of the crime, you may face both federal and state charges. Federal charges apply when the crime involves federal officials, funds, or programs, while state charges may arise if the conduct also violates state laws. Being prosecuted at both the state and federal level can significantly increase the potential penalties, so it is important to have a defense attorney who understands both legal systems.

⑧ Are whistleblowers immune from embezzlement charges?

Whistleblowers are not automatically immune from criminal charges like embezzlement. If a whistleblower engages in illegal activity, such as misappropriating funds while also reporting others' wrongdoing, they can still be charged and prosecuted. However, whistleblowers who report embezzlement and other crimes in good faith may be entitled to certain legal protections, such as under the federal Whistleblower Protection Act.

⑨ Can a federal bribery conviction affect future employment?

Yes, a federal bribery conviction can have serious long-term consequences beyond criminal penalties. Individuals convicted of bribery may face difficulty finding employment, particularly in fields that require trust and integrity, such as government positions, finance, and legal services. Additionally, a conviction may result in being barred from holding public office or receiving government contracts, further impacting your career opportunities.

⑩ Can I still defend against embezzlement charges if I’ve repaid the money?

Repaying the money that was embezzled does not automatically absolve you of criminal liability. However, restitution can sometimes play a role in plea negotiations or sentencing. Courts may view repayment as a mitigating factor, potentially leading to reduced penalties. Nevertheless, repayment alone is not a full defense, and the charges may still lead to prosecution, especially if there is strong evidence of wrongdoing.