NY Penal Law § 496.02: Corrupting the Government in the Fourth Degree

New York Penal Law § 496.05 is a criminal statute that defines the offense of "corrupting the government in the first degree." This crime involves engaging in a scheme, with the intent to defraud the state or its political subdivisions or instrumentalities, and thereby obtaining property, actual services, or other resources through false or fraudulent pretenses, representations, or promises. The value of the property, actual services, or other resources obtained must be in excess of $100,000.

It is worth noting that this offense applies to both public servants and individuals who act in concert with public servants. Therefore, anyone who engages in a scheme to defraud the government, whether they are a public servant or not, may be prosecuted under this statute.

If you have been accused of corrupting the government in the first degree, it is important to consult with an experienced New York criminal lawyer immediately in order to help ensure that your legal rights are protected.

One case involving New York Penal Law § 496.02 is People v. Kane, 2019 NY Slip Op 50467(U) (Sup. Ct. Queens Cnty. 2019). In this case, the defendant, a retired police officer, was charged with corrupting the government in the fourth degree for his involvement in a bribery scheme related to the issuance of taxi licenses by the New York City Taxi and Limousine Commission (TLC). According to the indictment, the defendant had accepted bribes from an individual in exchange for helping the individual obtain TLC licenses. The defendant allegedly provided the individual with information about TLC procedures, coached the individual on how to pass TLC inspections, and helped the individual prepare fraudulent documents to submit to the TLC.

At trial, the prosecution presented evidence of the defendant's involvement in the bribery scheme, including recorded conversations between the defendant and the individual, as well as testimony from other witnesses who had knowledge of the scheme. The defendant argued that he had not intended to defraud the government or commit any illegal acts, and that he had simply been trying to help the individual navigate the complicated TLC licensing process. However, the court rejected this argument, finding that the evidence presented by the prosecution was sufficient to support a finding of guilt under New York Penal Law § 496.02. The court ultimately convicted the defendant of corrupting the government in the fourth degree, a Class E felony under New York law.

This case illustrates the serious consequences that can result from a conviction for corrupting the government in the fourth degree. It also underscores the importance of seeking legal representation if you are facing charges under this statute, as a skilled attorney can work to build a strong defense strategy and advocate on your behalf in court.

1. Corrupting the government in the third degree. Section 496.03
2. Corrupting the government in the second degree. Section 496.04
3. Corrupting the government in the first degree. Section 496.05

Corrupting the government in the fourth degree is a Class E felony under New York Penal Law Section 496.02. The sentence for a Class E felony in New York State can include imprisonment for up to four years, as well as a fine of up to $5,000 or double the amount of the defendant's gain from the offense.

A person is guilty of corrupting the government in the fourth degree when, being a public servant, or acting in concert with a public servant, he or she engages in a scheme constituting a systematic ongoing course of conduct with intent to defraud the state or one or more political subdivisions of the state or one or more governmental instrumentalities within the state to obtain property, actual services or other resources, or obtain property, actual services or other resources from the state, or any political subdivision or governmental instrumentality of the state by false or fraudulent pretenses, representations or promises, and thereby wrongfully obtains such property, actual services or other resources. Corrupting the government in the fourth degree is a class E felony.

If you have been charged with corrupting the government in the fourth degree, contact an experienced criminal attorney who serves New York. Because corrupting the government in the fourth degree is a felony, if you are convicted, there is a good chance that you will be sent to prison. In addition, you will end up with a criminal record with a felony conviction. Contact Stephen Bilkis & Associates at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: Manhattan, Nassau County, Queens, Bronx, Brooklyn, Long Island, Staten Island, Suffolk County, and Westchester County.