Public corruption defense in South Florida

What the government has to prove

Federal bribery under 18 U.S.C. § 201(b) requires that something of value was given, offered or promised to a public official, or demanded or accepted by one, corruptly and in exchange for being influenced in an official act. An illegal gratuity under § 201(c) involves something of value given or received for or because of an official act, without the same exchange.

Section 201 covers federal officials and people acting on behalf of the United States. State and local cases are often charged under 18 U.S.C. § 666 or the Hobbs Act instead.

Charges and maximum penalties

These are statutory maximums. Sentences actually imposed depend on the federal sentencing guidelines and the facts of the case.

Federal program bribery under § 666

Section 666 applies to agents of an organization or of a state, local or tribal government that receives more than $10,000 in federal benefits in any one-year period, such as grants, contracts, loans or subsidies. Agents include employees, officers and representatives.

The statute reaches theft of property worth $5,000 or more, and corruptly giving or accepting anything of value in connection with business or transactions worth $5,000 or more. Because so many public bodies and nonprofits receive federal funds, it is used widely in local corruption cases.

Federal funding can bring a local matter into federal court.

Who investigates and prosecutes

The Justice Department’s Public Integrity Section oversees federal crimes affecting government integrity and handles cases alone or with local U.S. Attorney’s Offices. Under the Justice Manual, it supervises Hobbs Act extortion under color of official right, and the FBI has primary investigative jurisdiction over Hobbs Act offenses.

IRS Criminal Investigation also works the tax and money laundering side of bribery and embezzlement cases with other agencies.

Where these cases are often defended

Every case turns on its own facts. Issues that frequently matter include:

• The exchange. Whether a payment or gift was tied to any official act, or was a lawful contribution, friendship or ordinary business.
• Official act. Whether what the official did, or was asked to do, fits the statute.
• Federal funds. Whether the organization met the § 666 funding threshold during the relevant period.
• Recordings and informants. How recordings were made and the motives of cooperating witnesses.

How Kaufman Legal Group can help

Jason Kaufman has tried more than 90 cases and is a Criminal Justice Act panel attorney in the Southern District of Florida. He also works as a jury consultant. He works with Phil Horowitz, who has practiced criminal defense since 1985 and spent decades on the CJA panel in the Southern and Middle Districts of Florida, and Victor E. Rocha, admitted to The Florida Bar in 1983, who practices in federal courts including the Eleventh Circuit and the Southern District of Florida and speaks Spanish. Together they bring more than 100 years of combined experience.

In corruption matters, the team can respond to agents and subpoenas, protect your interests when others are cooperating, deal with prosecutors before charges are filed and prepare the case for trial. The first consultation is free and confidential.