Bribery of public officials and witnesses

(a) For the purpose of this section--

(1) the term “public official” means Member of Congress, Delegate, or Resident Commissioner, either before or after such official has qualified, or an officer or employee or person acting for or on behalf of the United States, or any department, agency or branch of Government thereof, including the District of Columbia, in any official function, under or by authority of any such department, agency, or branch of Government, or a juror;

(2) the term “person who has been selected to be a public official” means any person who has been nominated or appointed to be a public official, or has been officially informed that such person will be so nominated or appointed; and

(3) the term “official act” means any decision or action on any question, matter, cause, suit, proceeding or controversy, which may at any time be pending, or which may by law be brought before any public official, in such official's official capacity, or in such official's place of trust or profit.

(b) Whoever--

(1) directly or indirectly, corruptly gives, offers or promises anything of value to any public official or person who has been selected to be a public official, or offers or promises any public official or any person who has been selected to be a public official to give anything of value to any other person or entity, with intent--

(A) to influence any official act; or

(B) to influence such public official or person who has been selected to be a public official to commit or aid in committing, or collude in, or allow, any fraud, or make opportunity for the commission of any fraud, on the United States; or

(C) to induce such public official or such person who has been selected to be a public official to do or omit to do any act in violation of the lawful duty of such official or person;

(2) being a public official or person selected to be a public official, directly or indirectly, corruptly demands, seeks, receives, accepts, or agrees to receive or accept anything of value personally or for any other person or entity, in return for:

(A) being influenced in the performance of any official act;

(B) being influenced to commit or aid in committing, or to collude in, or allow, any fraud, or make opportunity for the commission of any fraud, on the United States; or

(C) being induced to do or omit to do any act in violation of the official duty of such official or person;

(3) directly or indirectly, corruptly gives, offers, or promises anything of value to any person, or offers or promises such person to give anything of value to any other person or entity, with intent to influence the testimony under oath or affirmation of such first-mentioned person as a witness upon a trial, hearing, or other proceeding, before any court, any committee of either House or both Houses of Congress, or any agency, commission, or officer authorized by the laws of the United States to hear evidence or take testimony, or with intent to influence such person to absent himself therefrom;

(4) directly or indirectly, corruptly demands, seeks, receives, accepts, or agrees to receive or accept anything of value personally or for any other person or entity in return for being influenced in testimony under oath or affirmation as a witness upon any such trial, hearing, or other proceeding, or in return for absenting himself therefrom;

shall be fined under this title or not more than three times the monetary equivalent of the thing of value, whichever is greater, or imprisoned for not more than fifteen years, or both, and may be disqualified from holding any office of honor, trust, or profit under the United States.

(c) Whoever--

(1) otherwise than as provided by law for the proper discharge of official duty--

(A) directly or indirectly gives, offers, or promises anything of value to any public official, former public official, or person selected to be a public official, for or because of any official act performed or to be performed by such public official, former public official, or person selected to be a public official; or

(B) being a public official, former public official, or person selected to be a public official, otherwise than as provided by law for the proper discharge of official duty, directly or indirectly demands, seeks, receives, accepts, or agrees to receive or accept anything of value personally for or because of any official act performed or to be performed by such official or person;

(2) directly or indirectly, gives, offers, or promises anything of value to any person, for or because of the testimony under oath or affirmation given or to be given by such person as a witness upon a trial, hearing, or other proceeding, before any court, any committee of either House or both Houses of Congress, or any agency, commission, or officer authorized by the laws of the United States to hear evidence or take testimony, or for or because of such person's absence therefrom;

(3) directly or indirectly, demands, seeks, receives, accepts, or agrees to receive or accept anything of value personally for or because of the testimony under oath or affirmation given or to be given by such person as a witness upon any such trial, hearing, or other proceeding, or for or because of such person's absence therefrom;

shall be fined under this title or imprisoned for not more than two years, or both.

(d) Paragraphs (3) and (4) of subsection (b) and paragraphs (2) and (3) of subsection (c) shall not be construed to prohibit the payment or receipt of witness fees provided by law, or the payment, by the party upon whose behalf a witness is called and receipt by a witness, of the reasonable cost of travel and subsistence incurred and the reasonable value of time lost in attendance at any such trial, hearing, or proceeding, or in the case of expert witnesses, a reasonable fee for time spent in the preparation of such opinion, and in appearing and testifying.

(e)federal bribery under united states code logo The offenses and penalties prescribed in this section are separate from and in addition to those prescribed in sections 1503, 1504, and 1505 of this title.



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Law Offices of Allan Marain
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“We, as criminal defense lawyers, are forced to deal with some of the lowest people on earth. People who have no sense of right and wrong. People who will lie in court to get what they want. People who do not care who gets hurt in the process. It is our job, our sworn duty as criminal defense lawyers, to protect our clients from those people.”

Cynthia Roseberry

 
Counsellors at Law in the Law Offices of Allan Marain, located in New Brunswick, represent clients throughout Central and Northern New Jersey. That includes Asbury Park, Bedminster, Belleville, Bergenfield, Berkeley Heights, Bernards Township, Bernardsville, Bogota, Bound Brook, Branchburg, Brick, Bridgewater, Clifton, Clinton, Closter, Cranbury, Cranford, Cresskill, Deal, Demarest, Denville, Dover, Dumont, Dunellen, East Brunswick, East Rutherford, East Windsor, Edison, Elizabeth, Emerson, Englewood, Englishtown, Ewing, Franklin Township, Freehold, Garfield, Garwood, Hackensack, Highland Park, Hillsborough, Hillsdale, Hillside, Jersey City, Kearny, Kenilworth, Lakewood, Lawrence Township, Mahwah, Manville, Marlboro, Matawan, Metuchen, Middlesex Borough, Monroe, Mountainside, New Brunswick, North Brunswick, Nutley, Old Bridge, Paramus, Parsippany, Paterson, Perth Amboy, Piscataway, Plainfield, Plainsboro, Point Pleasant, Princeton, Rahway, Raritan, Readington, Red Bank, Ridgefield, Ridgefield Park, Ridgewood, Robbinsville, Rockaway, Rocky Hill, Roselle, Roselle Park, Rutherford, Sayreville, Scotch Plains, Seabright, Seaside Heights, Seaside Park, Secaucus, Shrewsbury, Somerville, South Amboy, South Bound Brook, South Brunswick, South Orange, South Plainfield, South River, Sparta, Spotswood, Summit, Teaneck, Tenafly, Toms River, Trenton, Union, Wall, Warren, Washington, Watchung, West Windsor, Westfield, Woodbridge, and other communities in Bergen County, Mercer County, Middlesex County, Monmouth County, Ocean County, Somerset County, Sussex County, Union County, and Warren County. They handle criminal matters in the United States District Court for the District of New Jersey, and the United States Court of Appeals for the Third Circuit. They are available to handle matters in the United States Supreme Court.

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