Public Corruption Lawyer in Naples, Florida
Defend Yourself with 150+ Years of Experience at Musca Law
Florida Law recognizes public corruption as a wide-ranging term, which may initially refer to a variety of different criminal acts conducted by a public official. However, each of these cases are sensitive in nature and should only be handled with the utmost discretion. In a situation of this sort, only the most high-quality form of legal representation will allow defendants to avoid a severe conviction and (even more importantly) long-term damage to his/her career and future. Here at Musca Law, our team boasts a combined 150+ years of legal experience, which makes us ready to help you with your public corruption charges. Together, we will work as a team to provide the best legal counsel in the field, and we will develop a strong litigation strategy for your effective defense. We treat each of our clients with the utmost respect, and we will help you create a plan for fixing your reputation and securing your future.
For more information, call (239) 793-5297 to speak to a representative at our office in Naples, Florida.
Public Corruption Crimes
Federal authorities immediately scrutinize public corruption due to the fact that (simply put) these officials believe this form of corruption directly impacts the judicial system, public safety, and politics overall (plus more). With the full arsenal of the government against you, you must take immediate action to clear your name and defend your rights as a U.S. citizen. Your political career does not have to end due to allegations of the following crimes:
- Money Laundering
- Other offenses
Attorneys who are experienced in public corruption crimes can immediately start building a solid defense for protecting your rights. Both inside and outside the courtroom, they will be ready to defend your rights at every step of the way.
Details about Acts of Bribery
Florida Statute Title XLVI Chapter 838.015 defines bribery as a situation where people willingly, knowingly, and intentionally promise or give (or request or agree to) any benefit that state law has not officially authorized. As part of this statute, the culprits in question will offer these benefits as a bribe, through the intention of influencing an act which this same person believes to be part of the wrongful execution of public services and activities.
Here is a closer look at some terms associated with the Florida State Law’s concept of bribery, as shown in Florida Statute Title XLVI Chapter 838.014:
- Benefit: any gain, advantage, object, or additional item that has an advantage which may include acts of kindness/charity.
- Bid: an invitation to negotiate as part of a settlement for benefits.
- Commodity: goods, merchandise, or additional wares used as part of production, employment, and additional activities.
- Harm: loss or misfortunate inflicted on victims.
What Constitutes Illegal Compensation and Rewarding of a Public Official’s Behavior?
As dictated in Florida Statute Title XLVI Chapter 838.016, any person who willingly, knowingly, and intentionally offers an unauthorized reward or service, and any public figure who willingly accepts this corrupt reward/service commits a direct violation of public law. Any person who commits illegal compensation/rewarding of this nature will face charges of a 2nd-degree felony, punishable by a 30-year prison sentence and/or a $10,000 fine.
Charges for Threatening Public Servants
Florida Statute Title XLVI Chapter 838.021 dictates that any willing, voluntary, and intentional attempt to inflict harm or to threaten any public officials, their family members, and people held in close business circles for one or both of the following reasons is a direct violation of public law:
- Influencing/swaying the public official’s performance.
- Forcing the public servant to alter his/her influence.
People who inflict harm on the public servant for one or both of these reasons will face charges of a 2nd-degree felony, punishable by a 15-year prison sentence and/or a $10,000 fine.
Furthermore, people who threaten to inflict harm on the public servant for one or both of these reasons will face charges of a 3rd-degree felony, punishable by a 10-year prison sentence and/or a $5,000 fine.
What Kind of Theft Qualifies as Embezzlement?
The Cornell Law School defines embezzlement as a crime that occurs when a person takes personal property that a person (or multiple people) had entrusted this person with (constituting an act of theft). Typically, this crime constitutes the theft of money, but (ultimately) embezzlement occurs whether the thief keeps the stolen property or transfers it to another person (the third party).
Florida Statute Title XLVI Chapter 812.014 outlines a summary of laws concerning theft in the state of Florida. Under this code, any person who willingly and intentionally takes or attempts to steal any piece of property that another person owns and takes one of the following measures to do so, the culprit has committed an act of embezzlement (or general theft):
- Deprives the individual of his/her rightful ownership of this property
- Uses this property for his/her benefits and goals
Depending on the value of the property and the severity of the crime (including damages), the culprit can ultimately face the following charges:
- 1st-degree felony (punishable by a fine of $10,000 to $15,000 and/or life imprisonment)
- 2nd-degree felony (punishable by a fine of $10,000 and/or prison time of no more than 30 years).
For more details, please review Chapter 812.014.
Details about Embezzlement Crimes
In regards to a case of embezzlement in the state of Florida, please review Florida Statute Title XLVI Chapter 812.081 for more details about the following terms:
- Copy: a duplicate, replication, photograph, or complete remodeling of an item, formula, device, pattern, or system (or part of these items).
- Trade secret: all or part of a formula, device, pattern, or system (or combination of these elements) owned by members of a business and created to provide these business associates an advantage.
Chapter 812.081 further dictates that any person who makes an attempt to steal or embezzle one or more trade secrets to deprive owners of this item (or impede the item’s advantage) will face charges of a 3rd-degree felony, punishable by a 10-year prison sentence and/or a fine of $5,000.
Details about Embezzlement across County Lines
Florida Statute Title XLVII Chapter 910.10 dictates that any person who attempts to obtain property through larceny, embezzlement, or any sort of theft or robbery will be taken before a court and put on trial in the county where the person in question wields control over this property.
Details about Kickbacks
Cornell Law School defines kickbacks as a misuse of funds utilized by an influential or powerful person who uses these resources to force another person, a group, or an entire organization for the purpose of giving wealth to these people. By means of unlawful bidding, this person can extend this request to the company in question, even though this group did not make a low offer on this particular property.
Charges for Exchanging and Receiving Kickbacks
Florida Statute Title XXXII Chapter 456.054 dictates that health care providers or other groups that offer health care services cannot offer, pay, and/or solicit kickbacks through direct/indirect means in cash (or additional forms of payment) to solicit patients under their care. Under this same Florida code, health care providers cannot pay for or receive (by direct/indirect means) any forms of payment or agree to a split-form agreement as part of a referral of patients to a laboratory.
Any person who takes part in one or both of these offenses has committed the criminal act of patient brokering and may be punished in a variety of ways, depending on the nature of the crime and the extent of the criminal activity:
- Any people who serve as officers, partners, agents, attorneys, or any representatives for businesses, syndicates, and/or joint ventures that exchange kickbacks will face charges of a 3rd-degree felony, punishable by a 10-year prison sentence and a $5,000 fine. The court will also force culprits to pay an extra fine of $50,000.
- People who constitute officers, partners, or any representatives for businesses, firms, joint ventures, or syndicates that exchange kickbacks in which transactions include no less than 10 patients and no more than 20 will face charges of a 2nd-degree felony, punishable by a 15-year prison sentence and/or a $100,000 fine.
- Any person who serves as a member or representative of any of these areas of business that exchange kickbacks in which transactions include 20 or more patients will face charges of a 2nd-degree felony, punishable by a 15-year prison sentence and/or a fine of $10,000. The court will order all offenders to pay an extra fine of $500,000.
Please review Florida Statute Title XLVI chapter 817.505 for more information about patient brokering.
Charges for Bribes and Kickbacks in Nursing Homes
Florida Statute Title XXIX Chapter 400.17 dictates that any people or groups that provide additional services to people living in nursing homes as part of kickback exchanges will face charges of a 1st-degree misdemeanor, punishable by a 1-year prison sentence and/or a fine that does not exceed $1,000.
Charges for Committing Fraud in Florida
Cornell Law defines fraud as a crime that occurs when people purposefully and intentionally attempt to deceive one or more people with the intent of inflicting damage of some kind. Two examples of this offense include bankruptcy fraud and credit card fraud.
Florida Statute Title XXXVII Chapter 626.8797 (and the accompanying proof of loss statement) dictates that any person who presents proof of losses and/or damages in an attempt to deceive people will face charges of a 3rd-degree felony, punishable by a 10-year prison sentence and/or a fine of $5,000.
Charges for Committing Fraud on the Grounds of Cheating
Florida Statute Title XLVI Chapter 817.29 clearly states that any person who has committed the act of gross fraud or has cheated (or attempted to do so) as part of common law will face charges of a 3rd-degree felony, punishable by a 10-year prison sentence and/or a fine that does not exceed $5,000.
Acts of Fraud and an Accompanying Security Interest
As dictated by Florida Statute Title XLVI Chapter 817.562, a culprit has committed fraudulent activity accompanied by a security agreement (receivable accounts), when he/she has paid the security interest to protect a portion of money that is owed to another person if he/she has:
- Disposed of the secured property and does not account for any of these losses to the secured party (individual or group).
- Disposed of all traces of the secured property, which is a violation of the security agreement.
Under this same code, people who break this part of the Florida State Law will face one of two methods of punishment, depending on the severity of the crime and the property value:
- For property valued at $300 or higher, the offender will face charges of a 3rd-degree felony, punishable by a 5-year prison sentence and/or a fine of $5,000.
- For property valued at any amount less than $300, the offender will face charges of a 1st-degree misdemeanor, punishable by a 1-year prison sentence and/or a fine of $1,000.
Reaching a Verdict for a Case of Public Corruption
Please review the following juror instructions for more information concerning the development of valid public corruption cases (e.g. bribery, fraud, kickbacks, embezzlement, and additional crimes):
- Criminal Jury Instructions Chapter 14: Theft
- Criminal Jury Instructions Chapter 19: Bribery
- Criminal Jury Instructions Chapter 20: Fraud
Seek the Help of an Experienced Public Corruption Lawyer in the State of Florida!
Public corruption crimes are potentially debilitating offenses that can negatively impact your personal and business circles, as well as destroy your reputation for good. Under the guidance of a Florida public corruption attorney from our firm, you can reach a resolution that does not result in criminal charges and will inflict the least amount of damage on your future. You can count on the strength and persistence of Musca Law, as we will protect all that you hold dear and will work hard to devise a strategic defense strategy that provides you with the best outcome for your case. Our team of experienced attorneys boast over 150 years of combined legal experience between us, which equips us with the experience and skills to effectively defend clients across the state of Florida. Don’t hesitate to call our Naples office today at (239) 793-5297 to schedule a free, no-obligation case consultation with one of our experienced criminal defense attorneys.