California Penal Code 641.3 – Commercial Bribery Charges & Defense
California Penal Code 641.3 – Commercial Bribery: Penalties, Charges & Defense
In California, commercial bribery is a felony or misdemeanor offense that can cost you your career, reputation, and freedom. Prosecutors aggressively pursue bribery cases, even if no financial harm occurs. If you’re under investigation or have been charged with commercial bribery in Los Angeles, it’s critical to act quickly to protect your rights and your future.
Under California Penal Code 641.3 PC, an employee commits commercial bribery when they accept money, gifts, or anything of value in exchange for using their position to benefit the bribe giver—without their employer’s consent. Even if no financial harm occurs, prosecutors can still charge commercial bribery as a misdemeanor or felony, depending on the bribe amount. If you are facing commercial bribery charges in Los Angeles, you need an experienced Los Angeles criminal defense attorney to protect your rights and build a strong defense.
What Is Commercial Bribery Under California Law?
Under Penal Code 641.3, commercial bribery occurs when:
- An employee or agent accepts, solicits, or agrees to accept money or something of value.
- The transaction occurs without the employer’s knowledge or consent.
- The bribe is given in exchange for influencing business decisions to benefit the bribe giver.
Both the bribe giver and the employee accepting the bribe can be charged, even if no money actually changes hands.
Elements of Commercial Bribery Under PC 641.3
- The bribe can be money, gifts, services, or any item of value.
- The employee must use their position to benefit the bribe giver.
- The employer must be unaware of the transaction.
- Both the employee and the bribe giver can be charged.
- If the bribe is $250 or less, the law does not apply.
Real-Life Examples of Commercial Bribery in California
- A purchasing manager accepts cash from a vendor in exchange for awarding them a contract.
- A sales executive takes an expensive gift from a client in return for insider pricing.
- A nightclub promoter pays a hotel concierge under the table to direct customers to their venue.
The key factor is that the employer was unaware and did not authorize the transaction
Who Can Be Charged with Commercial Bribery?
Both the employee accepting the bribe and the person offering the bribe can face charges. The law applies to:
✔ Employees who accept or solicit bribes to provide unfair business advantages.
✔ Vendors, contractors, or clients who offer money or gifts to secure business deals.
✔ Executives or managers involved in secret kickback arrangements.
Example: If a purchasing manager at a Los Angeles construction company accepts $5,000 in cash from a vendor in exchange for awarding them a contract, both the manager and the vendor could be prosecuted for commercial bribery under PC 641.3.
PC 641.3 Penalties – Felony vs. Misdemeanor Consequences
The severity of a commercial bribery charge depends on the value of the bribe:
-
Bribe of $1,000 or less → Misdemeanor
- Up to 1 year in county jail
- A fine of up to $1,000
- Probation and possible restitution
-
Bribe over $1,000 → Felony
- 16 months, 2 years, or 3 years in state prison
- A fine of up to $10,000
- Permanent felony record and employment consequences
- Potential loss of professional licenses and employment opportunities
What the Prosecution Must Prove to Convict Under PC 641.3
- The defendant was employed by or acting as an agent for a business.
- The defendant accepted, solicited, or agreed to accept a bribe.
- The bribe was intended to improperly influence their employer’s business decisions.
- The transaction occurred without the employer’s knowledge or approval.
- The value of the bribe determines whether the charge is a misdemeanor or felony.
Notably, the prosecution does not need to prove that the bribe actually influenced a business decision—just that there was an agreement or intent to do so.
Legal Defenses to Commercial Bribery in California
- Lack of Intent – If there was no agreement or intent to engage in bribery, the charge may not hold.
- No Employer Relationship – If the accused was not an employee or agent, PC 641.3 may not apply.
- Employer’s Consent – If the employer approved or was aware of the transaction, it may not qualify as bribery.
- Entrapment – If law enforcement pressured or coerced the defendant into accepting a bribe, it could be a valid defense.
- Insufficient Evidence – If the prosecution lacks concrete proof of a bribery agreement, the case could be dismissed.
Can Employers Be Liable for Bribery in California?
Yes, employers can face legal consequences if they:
- Encourage or ignore bribery practices in their company.
- Fail to report known bribery incidents.
- Engage in bribery schemes themselves.
Expungement of Commercial Bribery Charges in California
If you have a conviction for Penal Code 641.3, you may be eligible for an expungement under California Penal Code 1203.4. Expungement can:
✅ Remove the conviction from most background checks.
✅ Allow you to legally state you have not been convicted in most job applications.
✅ Help restore your reputation and career opportunities.
To qualify, you must:
- Complete your sentence, including probation.
- Not have any new criminal charges pending.
- File a petition with the court and attend a hearing if required.
Contact a Los Angeles Criminal Defense Attorney
If you are facing commercial bribery charges under Penal Code 641.3, you need an experienced defense lawyer on your side. A conviction can mean jail time, heavy fines, and a permanent criminal record—but just because you’ve been accused doesn’t mean you’re guilty.
At The Law Offices of Arash Hashemi, Attorney Hashemi understands the complexities of white-collar crime cases and know how to build a strong defense against bribery allegations. Our Los Angeles criminal defense attorney can:
✔ Examine the prosecution’s evidence for weaknesses – If the case against you lacks solid proof or was built on illegal investigative tactics, we will challenge it.
✔ Negotiate for reduced charges or a dismissal – In many cases, we can get charges reduced to lesser offenses or even dismissed entirely.
✔ Argue for alternative sentencing to keep you out of jail – If a conviction is unavoidable, we fight for probation, fines, or diversion programs instead of incarceration.
✔ Protect your rights and reputation throughout the case – A bribery charge can destroy your career, business relationships, and personal life—we work aggressively to safeguard your future.
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