Bribery in New Jersey - 2C:21-10
Dr. Loretta Graziano Breuning, a graduate of Cornell University in 1975 wrote Greaseless: How to Thrive without Bribes in Developing Countries. Dr. Breuning, a Professor Emerita of International Business at CSU-East Bay in California, worked for the United Nations in Africa. In her book, she summarizes her hundreds of interviews conducted worldwide relating to encounters with corruption. She discusses strategies for dealing with diverse legal expectations and getting over challenges to internal controls relating to bribery.
New Jersey Statutes – Title 2C The New Jersey Code of Criminal Justice – 2C:21-10 Commercial bribery and breach of duty to act disinterestedly is what to study when charged with bribery. According to this statute, a person commits a crime if s/he solicits, accepts or agrees to accept any benefit as consideration for knowingly violating or agreeing to violate a duty of fidelity to which s/he is subject as:
- An agent, partner or employee of another;
- A trustee, guardian, or other fiduciary;
- A lawyer, physician, accountant, appraiser, or other professional adviser or informant;
- An officer, director, manager or other participant in the direction of the affairs of an incorporated or unincorporated association;
- A labor official, including any duly appointed representative of a labor organization or any duly appointed trustee or representative of an employee welfare trust fund; or
- An arbitrator or other purportedly disinterested adjudicator or referee.
Though routine in some countries, bribery and corruption affect New Jersey societal welfare, economic growth, and an organization’s infrastructure. New Jersey companies risk penalties and violation of legislation such as the New Jersey Statutes or the Foreign Corrupt Practices Act if they participate in such activities.
Under the New Jersey Statutes, a person may also be guilty of bribery if s/he holds out to the public as being engaged in the business of making disinterested selection, appraisal, or criticism of commodities, real properties or services commits a crime if he solicits, accepts or agrees to accept any benefit to influence his selection, appraisal or criticism. There is a need to balance appreciation for cultural differences while being skilled at resisting and stopping bribery.
In New Jersey, a person commits a crime of bribery if s/he confers, or offers or agrees to confer, any benefit the acceptance of which would be criminal. If the benefit offered, conferred, agreed to be conferred, solicited, accepted or agreed to be accepted in violation of the New Jersey Statutes is $75,000.00 or more, the offender is guilty of a second degree crime. If the benefit exceeds $1,000.00, but is less than $75,000.00, the offender is guilty of a third degree crime. If the benefit is $1,000.00 or less, the offender is guilty of a fourth degree crime.
When faced with criminal bribery charges, look to an experienced New Jersey criminal defense attorney to decrease prison time and penalties. Contact the Law Office of Jason A. Volet at (732) 503-8968 or fill out the form on the right.
