Public Corruption

Knowing that the arrest of a public employee makes front-page headlines, the prosecutors are quick to make an example of the employee.  Accusations are usually made by individuals with much to gain and little reliability.  Nevertheless, the sensationalism of the event is worth ruining your reputation and putting your liberty at stake.  If you are a public official who is under investigation or accused of committing a crime, only an aggressive defense designed to ferret out the sinister motivations of your accuser will do.  Together we will restore your integrity.   

While there is no one particular public corruption charge, a public employee accused of committing a crime will usually be charged with an additional count of either accepting or soliciting a bribe, unlawful compensation, official misconduct, perjury or extortion.

A private citizen can also face a bribery charge if the person corruptly gives, offers, or promises to any public servant any pecuniary or other benefit not authorized by law with an intent or purpose to influence the performance of any act or omission which the person believes to be within the official discretion of a public servant in violation of a public duty or in performance of a public duty.

A public servant commits the offense of bribery whenever he or she corruptly requests, solicits, accepts, or agrees to accept for himself or herself or another any pecuniary or other benefit not authorized by law with an intent or purpose to influence the performance of any act or omission which the public servant represents as being within the official discretion of a public servant in violation of a public duty or in performance of a public duty.  The offense of bribery is classified as a third degree felony, punishable by up to five years in prison.

Additionally, a person can be charged with unlawful compensation when any person corruptly gives, offers, or promises to any public servant, or, if a public servant, corruptly requests, solicits, accepts, or agrees to accept any pecuniary or other benefit not authorized by law, for:

• The past, present, or future performance, nonperformance, or violation of any act or omission which the person believes to have been, or the public servant represents as having been, either within the official discretion of the public servant in violation of a public duty or in performance of a public duty; or
• The past, present, or future exertion of any influence upon or with any other public servant regarding any act or omission which the person believes to have been or which is represented to him or her as having been, either within the official discretion of the other public servant in violation of a public duty or in performance of a public duty.

Any person who commits the crime of unlawful compensation or reward for official behavior is guilty of a felony in the second degree, punishable by up to 15 years in prison.

The catchall public corruption offense is official misconduct.  The official misconduct statute makes it unlawful for a public servant or public contractor, to knowingly and intentionally obtain a benefit for any person or to cause unlawful harm to another, by: (1) Falsifying, or causing another person to falsify, any official record or official document; (2) Concealing, covering up, destroying, mutilating, or altering any official record or official document, or causing another person to perform such an act; or (3) Obstructing, delaying, or preventing the communication of information relating to the commission of a felony that directly involves or affects the government entity served by the public servant or public contractor.  Official misconduct is classified as a third degree felony punishable by up to five years in prison.

Erick Cruz is accustomed to dealing with complex cases containing volumes of documentary evidence that public corruption cases entail.  As an economic crimes prosecutor, Erick Cruz was responsible for organizing and presenting intricate and convoluted cases in a manner that was easily understood to juries.  Accordingly, Erick Cruz comprehends these complex cases and can identify areas where the evidence is deficient. With this experience, Erick has successfully defended clients accused of public corruption.  Oftentimes, through persuasion, diligent investigation and skillful defense, he has obtained dismissal of public corruption cases, reduced charges and reduced sentences.  Also, with Erick’s advice and counsel, he can preserve your ability to seal and expunge your case as well as preserve your retirement accounts and professional licenses.

Call Erick to discuss your case with him and find out how to get your public corruption case dismissed or charges and sentence reduced and arrest record sealed or expunged.