According to California Penal Code Section 641.3 (a) an employee who solicits, accepts, or agrees to accept money or anything of value from a person other than his employer, corruptly and without the knowledge or consent of the employer, in return for using his position for the benefit of that other person, is guilty of commercial bribery.
Prosecutor must establish the following elements to prove a charge of Penal Code 641.3 PC commercial bribery:
Penal Code Section 641.3 PC applies similarly to employees receiving or soliciting bribes and to the person offering bribes. The commercial bribery statute is based on the concept of fiduciary duty between an employer and his employees. The purpose of PC Section 641.3 is to punish individuals who conduct actions to undermine the employer’s interests for receiving money or anything else of value that personally benefits them.
The main defense to commercial bribery charges is that there is no evidence that the employee or the person who pays the bribe had corrupt intent.
Commercial bribery can be charged as either a felony or a misdemeanor depending on the amount of the bribe.
If the value of the bribe is less than $1,000 the defendant will be charged with a misdemeanor and the following penalties include:
If the value of the bribe is $1,000 or more the defendant will be charged with a felony and the following penalties include:
If the victim suffered monetary losses a court can also order restitution pursuant to California PC Sections 1202.4(a) and (f). Civil damages can also be recovered under California Civil Code Section 3281 if the employer suffered a loss.
If you or a loved one has been charged with commercial bribery, we invite you to contact our Los Angeles criminal defense attorney at (310) 943-1171 for a free consultation.
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