NY Penal Law § 180.25: Bribe receiving by a labor official

Bribery is the crime of giving or accepting money or something else of value in order to influence action. Bribery can be committed by public officials, sports participants, those involved in commercial enterprises and labor officials. A labor official is defined as an appointed representative of a labor organization or of an employee welfare trust fund. Under New York Penal Law § 180.25 you could be charged with bribe receiving by a labor official if you solicit, accept or agree to accept a benefit from another person with the understanding that such benefit will influence you in respect to any of your actions as a labor official.

John Smith is a contractor. He wanted to pay workers below union wages and in cash. However, if he did he knew he would get in trouble with the union. To get the union to look the other way, Smith offered the union president $50,000. The union president accepted the money from Smith and ignored Smith's practices of paying workers below union wages and in case. The union president could be prosecuted for bribe receiving by a labor union under New York Penal Law § 180.25 as accepting the $50,000 from Smith amounted to taking a bribe.

1. Commercial bribe receiving in the second degree: New York Penal Law § 180.05
2. Sports bribe receiving: New York Penal Law § 180.45

If you as a union official received cash or some other type of gift, but it was not in exchange for influencing your union official duties, then you are not guilty of bribe receiving by a labor official.

Bribe receiving by 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 substantial fine.

A labor official is guilty of bribe receiving by a labor official when he solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that such benefit will influence him in respect to any of his acts, decisions, or duties as such labor official.

If you are a labor official and you are under investigation for bribe receiving it is important that you have experienced representation. Bribe receiving by 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.