The College Corruption Case: How Bribery Is Charged in California

Bribery charges could be brought against the person taking or offering the bribe.

The College Corruption Case: How Bribery Is Charged in CaliforniaIn mid-March, news broke that a number of parents across the country had been charged in a massive college corruption scandal . Hedge fund managers, property developers, fashion designers, and actresses were charged with paying tens or even hundreds of thousands of dollars so that their kids could get into the colleges of their choice.  The arrangements included cheating on SAT and ACT exams, bribing athletic coaches at top universities to claim that their children were talented athletes, and even getting alumni of the universities to arrange admission for other children — in exchange for discounted rates for their own children for these services.

One of the colleges that was prominently featured in the indictment was the University of Southern California, or USC.  The actress Lori Loughlin and her husband, designer Mossimo Giannulli, are alleged to have paid $500,000 to a “college admissions adviser,” who then funneled the money to a USC athletics official.  This official designated both of Loughlin’s daughters as recruits for USC’s rowing team — even though neither daughter had ever rowed.

These parents have been charged with a number of federal crimes, including conspiracy to commit mail fraud and honest services mail fraud.  According to a criminal defense attorney San Bernardino, CA, these crimes also violate California law.

In California, it is illegal for an employee to take a bribe in return for using his or her position for the benefit of the person paying the bribe.  Known as commercial bribery, it can be charged as either a misdemeanor or a felony depending on the amount of the bribe.  For bribes under $1,000, the defendant can be charged with a misdemeanor and sent to county jail for up to one year.  For bribes over $1,000 — as alleged in the college corruption scandal — the defendant can be charged with a felony and sent to California state prison for up to three years.

USC is a private research university.  While many people view bribery as something involving public officials, it can also be charged in the private business context. A commercial bribe occurs when an employee corruptly:

  • solicits, accepts, or agrees to accept
  • money or anything of value greater than $250
  • from someone other than his or her employer
  • without the knowledge or consent of the employer
  • in return for using his or her position for the benefit of the person paying the bribe.

Commercial bribery charges can be brought against both the person paying the bribe and the person receiving it.

The key to a commercial bribery charge is a corrupt intent.  If an employee does not have an intent to injure or defraud their employer or someone else’s employer, then the charge may be defeated.  As a criminal defense attorney San Bernardino, CA can explain, in the college corruption scandal, it would probably be relatively simple to show corrupt intent, given that doctored photographs were used to claim that applicants were star athletes — when the university employees in question knew that they were not.

Commercial bribery is just one type of bribery charge that may be brought in California.  At the Chambers Law Firm, our team of legal professionals defends clients against a range of charges.  Contact us today at 714-760-4088 or dchambers@clfca.com to learn more or to schedule a free initial consultation with an experienced criminal defense attorney San Bernardino, CA.

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