NY Penal Law § 180.15: Bribing a labor official

Bribery is the crime of giving or accepting money or something else of value in order to influence action. While bribery is often associated with public officials, labor officials are also sometimes involved in bribery schemes. A labor official is defined as an appointed representative of a labor organization or of an employee welfare trust fund. There are several bribery offenses in the New York criminal code ranging from misdemeanors to class B felonies. If you are suspected of committing a bribery offense, the specific charge that you will face depends on several factors including whether the bribery involves a labor official, public official, or some other type of individual, the amount of money involved, and the action that the bribery was seeking to influence. Under New York Penal Law § 180.15 you could be charged with bribing a labor official if with the intent to influence a labor official with respect to that person's official duties, you confer or offer to confer a benefit upon that official.

Harold Salley, a member of the Big Union, was running for office within the union. He knew that if he got the support of the current treasurer of the union, John Smartt, he had a good chance of winning. However, Smartt would not commit to supporting Salley. Salley told Smartt that if Smartt supported him, he would give Smartt's son-on-law a high paying job. Smartt agreed. Salley could be prosecuted for bribing a labor official. The benefit he conferred upon Smartt for supporting his candidacy was hiring Smartt's son-in-law.

1. Commercial bribe receiving in the second degree: New York Penal Law § 180.05
2. Sports bribing: New York Penal Law § 180.40

Under the statute, you would have a defense to a charge of bribing a labor official if you conferred the benefit on the labor official due to that labor official extorting you.

Bribing a labor official is a class D felony. If you are convicted of this offense you could be sent to prison for up to 7 years. You could also receive a probation sentence of up to 5 years and be required to pay a fine.

A person is guilty of bribing a labor official when, with intent to influence a labor official in respect to any of his acts, decisions or duties as such labor official, he confers, or offers or agrees to confer, any benefit upon him.

If you are under investigation for bribing a labor official, it is important that you have experienced representation. Bribing a labor official is a serious offense. If you are convicted you could end up serving a 7 year prison sentence. The staff at the Law Offices of Stephen Bilkis & Associates has years of experience successfully defending clients in New York criminal courts who have been charged with misdemeanors and felonies such as bribery, assault, menacing, reckless endangerment, stalking, rape, and child endangerment. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve those accused of larceny in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.