NY Penal Law § 496.05: Corrupting the Government in the First Degree

New York Penal Law § 496.05 defines the crime of corrupting the government in the first degree, which is a serious offense that can result in a class B felony charge. A person can be charged with corrupting the government in the first degree if they are a public servant, or if they are acting in concert with a public servant, and they engage in a systematic ongoing course of conduct with the intent to defraud the state or one or more political subdivisions of the state or one or more governmental instrumentalities within the state.

The course of conduct must involve a scheme to obtain property, actual services, or other resources from the state, a political subdivision, or a governmental instrumentality by means of false or fraudulent pretenses, representations, or promises. If the person successfully obtains such property or resources, and the value of those resources exceeds $100,000, they can be charged with corrupting the government in the first degree.

For example, if a public servant engages in a scheme to award a contract to a company in exchange for kickbacks or bribes, they may be charged with corrupting the government in the first degree if the value of the contract exceeds $100,000.

People v. Libous, 2017 NY Slip Op 02370 (3d Dept. 2017). In this case, the defendant, a former New York State Senator, was charged with corrupting the government in the first degree for his involvement in a scheme to use his political influence to secure a job for his son with a law firm that had business before the state. According to the indictment, the defendant had used his position as a State Senator to help steer business to the law firm in exchange for a promise that they would hire his son. The defendant had allegedly arranged for meetings between the law firm and state officials, and had advocated on behalf of the law firm in various matters before the state.

At trial, the prosecution presented evidence of the defendant's involvement in the scheme, including testimony from witnesses who had knowledge of the defendant's actions and recordings of phone conversations between the defendant and his son discussing the job opportunity. The defendant argued that he had not engaged in any illegal conduct and that his actions were merely an attempt to help his son find employment. 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 § 496.05. The court ultimately convicted the defendant of corrupting the government in the first degree, a Class B felony under New York law.

This case highlights the seriousness of using one's political influence for personal gain and the potential consequences for those who engage in such conduct. It also underscores the importance of seeking legal representation if you are facing charges under New York Penal Law § 496.05, 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 fourth degree. Section 496.02
2. Corrupting the government in the third degree. Section 496.03
3. Corrupting the government in the second degree. Section 496.04

The sentence for Corrupting the government in the first degree is a class B felony, which is punishable by a term of imprisonment of up to 25 years and a fine of up to $5,000 or double the amount of the bribe, whichever is greater.

A person is guilty of corrupting the government in the first 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 to 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 with a value in excess of one hundred thousand dollars. Corrupting the government in the first degree is a class B felony.

If you are charged with Corrupting the government in the first degree, it is essential to seek the assistance of a criminal attorney serving New York as soon as possible. A conviction for this offense can lead to severe consequences, including a lengthy prison sentence and significant fines. Your attorney will work tirelessly to protect your rights and ensure that you receive a fair trial. 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.