According to NRS 207.295, the act of committing commercial bribery is against the law. Commercial bribery is a crime in almost all states. NRS 207.295 is Nevada’s statutory prohibition against commercial bribery. The objective of NRS 207.795 is to hinder bribery in the workplace. This page will explain what the crime commercial bribery is, how to defend against this charge, and the potential penalties one might face if convicted of the crime.
Under Nevada law it is a crime to offer or confer any benefit upon an employee, agent or fiduciary without authorization from their employer with the intent to adversely influence a transaction or commercial affair. It is likewise a crime for an employee, agent or fiduciary to accept some type of benefit knowing that it is not authorized and will adversely influence a transaction or other commercial affair.
A commercial bribery would occur, for example, if a person paid their direct superior money to ensure they are put on a more desirable shift, without getting permission from someone who has actual authority to authorize that type of affair. Other examples would be, paying your superior to give you a promotion or receiving any other type of benefit.
There are a few key provisions of this statute. First, it should also be noted that this commercial bribery statute applies to both those who offer the bribe and those who accept the bribe. It is possible that both sides of the bribed transaction will be charged with the crime of commercial bribery. Second, commercial bribery attaches when the transaction is made with the understanding that it may adversely influence some commercial affair. It does not need to actually influence the commercial. So, for example, if a person bribed their direct supervisor with the understanding that the supervisor would then put in a good word for them for a promotion, it would be commercial bribery whether or not the person actually received the promotion. The fact that a bribe was made with the understanding that direct supervisor would then try to influence the promotion is sufficient for commercial bribery to have occurred.
If you or a loved one have been charged with this crime in Nevada it is important to remember that the burden is proof is upon the State of Nevada to show beyond a reasonable doubt that you have committed the crime. Most crimes have defenses that can be raised to refute the state’s argument. An experienced attorney may raise the following defenses against a charge of commercial bribery:
Nick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.TOP RATED ON:
The crime of commercial bribery is a misdemeanor crime. As such, if convicted, a person can face:
If you’ve been accused of violating NRS 207.295, contact an experienced and respected Las Vegas criminal defense attorney with LV Criminal Defense today. We offer free case evaluations and can discuss the possibility of negotiating your charge down to a lesser offense or even a full dismissal.