The penalties for bribery often depend on the concept of loss. Calculating loss in DC bribery cases can be performed in several ways, which gives defense attorneys openings to help clients.
If you were charged with bribery, speak with an experienced criminal defense lawyer as soon as possible. An attorney could craft a defense tailored to the facts of your case and fight for a positive resolution.
Loss in bribery cases could apply in a couple of different ways. The way the loss is calculated may greatly affect the potential sentence. For example, there is a plea of guilty in a bribery case where someone admits to paying a public official $5,000 to be awarded a $3,000,000 contract. The loss amount could be calculated in different ways.
Theoretically, the loss might be calculated at $5,000 because that is the amount that was paid. It may also be calculated at $3,000,000 because that was the amount of the contract intended to be awarded through the bribe. There is a huge difference in the sentencing guidelines between a loss amount of $5,000 versus a loss amount of $3,000,000. The potential enhancements of the guidelines are great. The different ways in which loss might be calculated is often used by lawyers to achieve the desired goal at sentencing.
The evidence used by a federal sentencing lawyer in a bribery case to help mitigate the alleged loss depends on the specific facts of the case. For example, in the government contracting context, consider a case in which a $5,000 bribe was made to obtain a $3,000,000 government contract. The bribe was paid, the contract was awarded and performed, and it received an excellent performance review by one of the independent government auditors.
Some of the most important evidence a lawyer in a bribery case can gather to mitigate the possible sentence is whether a bribe was paid for a government contract. Pertinent evidence in the case is whether the contract was actually awarded and performed. Even if the contract was awarded as the result of a bribe, did the organization or the company that received the contract perform well on the contract? Did the company perform the actual work that was bargained for even if there was a bribe involved? Often, prosecutors and judges take that into account.
For example, an employee of a company provided a small bribe to someone in the government and the company received a government contract. The work was performed. The contracting officer who was not involved in the bribery scheme indicated that they would have renewed the contract because the company performed well, if not for the bribe. The government and the judge take that into account when mitigating the possible sentence because, often times in cases where bribes are paid, government contracts are awarded, and no work is ever performed. That is deemed to be egregious conduct and usually results in a much harsher sentence because every aspect of the process was corrupted. Judges and prosecutors treat that harshly.
Understanding the concept of loss in DC bribery cases can be crucial to a positive outcome. Based on the facts of a case, an attorney could attempt to calculate loss in a way that is favorable to the accused. This could have a dramatic impact on the possible sentences.
If you were charged with bribery, you could benefit from the services of a skilled criminal defense attorney. Call today to schedule a consultation.
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