Public corruption, the misuse of an official position for personal gain, not only erodes public trust and compromises government integrity but also carries severe legal consequences for those involved.
Public corruption involves a breach of trust or abuse of an official position by a public official. This occurs when an official, acting in their official capacity, is primarily motivated by self-interest rather than a commitment to public service.
For example, a public corruption crime often involves accepting money in return for acting or refraining from acting in a particular way.
This kind of offense could also include a public official stealing money or property from the government.
California law defines and prosecutes several specific offenses that fall under the umbrella of public corruption. If you're accused of a crime related to corruption, you could face significant fines and prison time if you're convicted.
Key Public Corruption Highlights
- California's primary public corruption crimes, including bribery, embezzlement of public funds, and fraudulent schemes, are specifically defined and prosecuted under the law.
- Bribery occurs when officials accept gifts or money in exchange for favors, whereas embezzlement involves unlawfully stealing public funds entrusted to them.
- Fraudulent activities include several acts like rigging bids, misusing government resources, and laundering money to hide illegal profits.
- Extortion involves abusing one's official position to acquire money or property from others unlawfully.
- Money laundering involves hiding the source of funds acquired through illegal activities.
- Kickbacks involve accepting a part of a payment for a job or contract as a reward for awarding the work.
- Misappropriation of public funds involves the improper use of public money for personal gain or unauthorized activities.
- Election fraud refers to illegal interference that compromises the integrity of an election process.
- Police misconduct refers specifically to actions by law enforcement officers, such as accepting bribes, enforcing laws selectively, engaging in theft, and abusing their authority.
Let's look at some of the most common public corruption offenses charged under California law.
Bribery by or of an Executive Officer (Penal Code §§ 67 & 68)
Bribery is one of the most frequently charged types of public corruption. California addresses it through two key statutes.
- Penal Code § 67 PC makes it illegal to give or offer a bribe to any executive officer in the state. An "executive officer" encompasses a broad range of government officials, including police officers and district attorneys. The bribe must be offered with the corrupt intent to unlawfully influence the officer's decision, vote, or action.
- Penal Code § 68 PC criminalizes the other side of the transaction. Under this statute, it is a felony for an executive officer to solicit or accept a bribe in exchange for using their official position in a specific manner.
Both offenses are felonies. A conviction can result in a state prison sentence of two, three, or four years. It also carries a fine of up to $10,000 and disqualification from holding any public office in the state of California.
Misappropriation of Public Funds (Penal Code § 424 PC)
Penal Code § 424 PC targets the misuse of public money by officials entrusted with its management. This offense occurs when a public officer, without legal authority, appropriates public funds for their own use or the use of another person.
It also applies if an officer loans, makes a profit from, or knowingly keeps false accounts concerning public money.
A "ghost employee scheme" involves placing an individual on a public payroll who does not actually perform work, thereby diverting taxpayer money to that individual or their associates.
This crime does not require proof of corrupt intent; only that the officer acted knowingly is required. A violation of PC 424 is a felony, punishable by two, three, or four years in state prison, a fine up to $10,000, and a permanent ban from holding public office in California.
Perjury (Penal Code § 118 PC)
Perjury is the act of willfully stating as true any material matter that one knows to be false while under oath. In the context of public corruption, this can occur during official investigations, grand jury proceedings, or legislative hearings.
The statement must be "material," meaning it could have influenced the outcome of the proceeding. Perjury is a felony. A conviction carries a potential sentence of two, three, or four years in state prison.
Embezzlement by a Public Officer (Penal Code § 504 PC)
While similar to misappropriation, embezzlement, as defined in Penal Code § 504 PC, applies more broadly to the fraudulent appropriation of any property that has come into an officer's control by virtue of their employment. This is not limited to public money but can include equipment, supplies, or any other government asset.
The key element is the breach of trust. The officer lawfully had possession of the property, but then fraudulently used it for their own benefit. Penalties depend on the value of the embezzled property. If the value exceeds $950, it constitutes grand theft, which can be charged as a felony and result in a state prison sentence.
Conflict of Interest (Government Code § 1090)
Government Code § 1090 is a strict statute that prohibits public officials from being financially interested in any contract made by them in their official capacity, or by any person or board of which they are a member. The law aims to prevent officials from using their position to enrich themselves.
A violation does not require proof of fraud or that the contract was unfair. The mere existence of a financial interest is often enough to secure a conviction. A violation of GC 1090 can result in criminal charges and disqualification from holding public office. Any contract made in violation of this statute is also rendered void.
Altering or Falsifying Public Records (Government Code §§ 6200 & 6201)
These statutes make it a crime for any person to willfully alter, destroy, conceal, or falsify public records.
- Government Code § 6200 GC applies to any person who steals, destroys, mutilates, or falsifies a record in the custody of a public officer.
- Government Code § 6201 GC applies specifically to the officer having custody of the record.
A conviction under these sections can be charged as a felony, punishable by up to three years in prison and a permanent ban from holding future public office.
For more information, contact our California criminal defense attorneys, Eisner Gorin LLP, in Los Angeles, CA.
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