Law Offices of Michael E. Cindrich, APC 225 Broadway, Suite 2100 San Diego, CA 92101

Bribery

Bribery is one of the most serious corruption-related crimes under California law. It involves the giving, offering, or receiving of something of value with the intent to unlawfully influence the actions or decisions of a public official or employee. Even the offer or attempt to bribe, regardless of whether the bribe is accepted, can lead to felony prosecution.

California takes bribery charges very seriously because the crime undermines the integrity of public institutions and erodes trust in government. Those convicted may face state prison time, heavy fines, and permanent damage to their reputation and career.

San Diego Bribery Defense Attorney

If you are accused of bribery in San Diego County or anywhere in California, you need an experienced criminal defense attorney immediately. Bribery allegations often arise from misunderstandings, political rivalries, or aggressive investigative tactics. In many cases, what prosecutors claim was a bribe may have been a legitimate business or campaign contribution with no corrupt intent.

Attorney Michael E. Cindrich is a seasoned San Diego criminal defense lawyer with years of experience representing clients in complex white-collar and corruption cases. He understands the nuances of California’s bribery statutes and how to challenge the prosecution’s interpretation of intent, influence, and benefit.

The Law Offices of Michael E. Cindrich represent clients throughout San Diego County, including Chula Vista, Carlsbad, Escondido, El Cajon, Vista, and San Diego proper. Contact the firm today at (619) 262-2500 for a free and confidential consultation to discuss your case and your defense options.

Overview of Bribery Charges in San Diego

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Definition of Bribery under California Law

Bribery in California generally refers to the act of offering, giving, receiving, or soliciting something of value to influence the actions of a public official or employee. The core element is corrupt intent, meaning the individual intended to unlawfully influence the recipient’s official duties.

California’s bribery laws are found in several statutes depending on who the alleged recipient is. Some of the most common include:

  • Penal Code § 67 – Bribery of executive officers.
  • Penal Code § 68 – Bribery by executive officers.
  • Penal Code § 85 – Bribery of legislators or legislative officers.
  • Penal Code § 92 – Bribery of judges and jurors.
  • Penal Code § 137 – Bribery of witnesses.
  • Penal Code § 165 – Bribery in local government contracts.

Each of these laws shares a common principle: an attempt to corruptly influence a public decision or official action through payment, reward, or promise of benefit.

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Types of Officials Involved in Bribery Cases

Bribery can apply to a wide range of public officers and employees in California. Offering or giving anything of value to the following categories can constitute bribery under state law:

  • Elected Officials: Includes city council members, mayors, county supervisors, state legislators, and members of Congress when acting in a state capacity. Offering money or gifts in exchange for votes, appointments, or legislative favors qualifies as bribery.
  • Judicial Officers: Judges, magistrates, jurors, and court commissioners may not receive any form of benefit meant to influence rulings, verdicts, sentencing, or jury decisions. Bribing a judge or juror is prosecuted under Penal Code Sections 92–93.
  • Executive Officers and Law Enforcement: Police officers, sheriffs, state agency officials, or any person executing administrative functions are covered under Penal Code Sections 67–68. Attempting to pay a police officer to overlook an arrest or reduce charges is considered bribery.
  • Public Employees and Contract Officials: Any employee of a city, county, or state department who manages contracts, permits, or licenses. Offering money or benefits in exchange for favorable decisions in bidding or permit approval is a violation under Penal Code Section 165.
  • Witnesses and Court Participants: Offering payment to a witness to alter testimony or withhold information is considered bribery under Penal Code Section 137.

Even where no money changes hands, the promise or offer of a benefit, such as employment, gifts, services, or campaign contributions, may be enough to constitute bribery if done with corrupt intent.

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Penalties for Bribery in California

Bribery is a felony offense in California. Penalties vary depending on the type of official involved, but may include:

  • State Prison Sentence: Up to 4 years in state prison.
  • Fines: A fine of up to $10,000, or an amount equal to double the bribe’s value, whichever is greater.
  • Forfeiture of Office: Any public officer convicted of bribery will be permanently disqualified from holding public office in California.
  • Collateral Consequences: A conviction may result in the loss of professional licenses, the inability to contract with public agencies, and immigration consequences for non-citizens.

Because bribery is considered a “crime of moral turpitude,” it can have devastating long-term effects on personal and professional life.

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Defenses to Bribery Charges

A strong defense focuses on intent, credibility, and context, key factors in determining whether a corrupt exchange actually occurred.

  • Lack of Corrupt Intent: The prosecution must prove that the defendant intended to unlawfully influence an official act. A lawful business transaction, political contribution, or gesture of goodwill is not criminal without corrupt purpose.
  • Entrapment: In some cases, law enforcement or government agents may have induced or pressured the defendant into offering a bribe they otherwise would not have made.
  • Insufficient Evidence: The prosecution must prove beyond a reasonable doubt that the defendant knowingly offered or received a benefit. Ambiguous statements or circumstantial evidence may not be enough.
  • Mistake of Fact: The defendant may not have realized the person was a public official or that the action being influenced was an official duty.
  • Duress or Coercion: If the alleged bribe was made under threat or compulsion, the defendant may not be criminally liable.

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Role of a San Diego Bribery Defense Attorney

Bribery cases are complex and often involve extensive investigations, confidential informants, and recorded communications. An experienced defense attorney is essential in handling these sensitive matters.

  1. Early Case Intervention: An attorney can communicate with investigators and prosecutors before formal charges are filed, sometimes preventing a case from moving forward.
  2. Evidence Analysis: Reviewing recordings, emails, financial records, and text messages to determine whether a true bribe occurred or if statements were taken out of context.
  3. Intent Defense: Demonstrating that the defendant’s conduct was lawful, such as legitimate lobbying, charitable giving, or campaign support.
  4. Negotiations and Pretrial Motions: Your attorney can seek charge reductions or dismissals, especially where intent is unclear or the evidence was obtained unlawfully.
  5. Trial Defense: Presenting expert testimony, cross-examining witnesses, and showing jurors that no corrupt agreement or exchange actually took place.

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Key Elements the Jury Considers in Bribery Cases

Jurors must decide whether the prosecution has proven beyond a reasonable doubt that:

  • The defendant offered, gave, solicited, or received something of value.
  • The recipient was a public official or employee acting in an official capacity.
  • The act was done with corrupt intent to unlawfully influence the official’s decision, opinion, or action.
  • The defendant was aware that the payment or gift was intended to influence official conduct.

If the jury finds that the conduct was innocent, political, or lacked a corrupt purpose, they must return a verdict of not guilty.

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Frequently Asked Questions About Bribery in California

Is it bribery if the official did not accept the money?
 Yes. The mere offer or promise of payment or benefit can be enough to violate California’s bribery laws, even if the offer was refused.

What counts as a “thing of value”?
 Anything with tangible or intangible value, money, gifts, services, employment offers, campaign contributions, or even favors, can qualify if used to influence official action.

Can a campaign donation be considered a bribe?
 Not usually. Political donations are lawful if made publicly and without conditions. However, if a donation is offered with an explicit quid pro quo, a promise of official action in return, it may constitute bribery.

What if I didn’t know the person was a government official?
 Lack of knowledge about the person’s position may be a valid defense, depending on the circumstances.

Is bribery a federal crime too?
 Yes. Certain acts can also be prosecuted federally under 18 U.S.C. § 201 if they involve federal officials, federal funds, or interstate activity.

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Additional Resources

California Penal Code Section 67 – Bribery of Executive Officers: Defines the offense of offering or giving a bribe to executive or administrative officers in California.

California Penal Code Section 85 – Bribery of Legislators: Covers the bribery of legislative members and employees, including attempts to influence votes or official acts.

California Penal Code Section 92 – Bribery of Judges and Jurors: Explains penalties for bribing or attempting to bribe a judicial officer, juror, or court participant.

California Penal Code Section 165 – Bribery in Local Government Contracts: Prohibits bribery involving county, city, or district officials in the awarding of public contracts or franchises.

California Department of Justice – Public Corruption Unit: Outlines how state authorities investigate and prosecute bribery, embezzlement, and other corruption crimes.

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Hire a Defense Attorney for Bribery Charges in San Diego County, CA

Bribery charges carry severe legal and professional consequences, even for those who never intended to break the law. The stakes are high, your freedom, career, and reputation are on the line.

The Law Offices of Michael E. Cindrich provide aggressive, discreet, and strategic defense for individuals accused of bribery, corruption, and related white-collar crimes. We handle every case with precision and confidentiality.

Call (619) 262-2500 today for a free and confidential consultation to discuss your case and begin building your defense strategy.