Commercial Bribery

NRS 207.295 – Overview of the Penalties Associated with Commercial Bribery

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.

Commercial bribery as a Crime under NRS 207.295

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.

Defenses to a charge of selling an identifying card or document under NRS 207.295

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:

• Commercial bribery is only a crime if the benefit is conferred upon the person without authority from a person with authority to grant such benefit. If the benefit conferred was ultimately agreed upon by someone with the authority to do so, no crime has occurred.
• No understanding. As state previously, in order for a commercial bribery to stick, the state of Nevada must prove there was an understanding among the parties to influence a commercial affair on account of the payment. The onus is upon the state to show that the understanding was present. If you received no influence based upon the payment, it will more difficult, and possible impossible, for the state to show an understanding existed to begin with. In that case, the charge will not stand.

Potential Penalty for selling an identifying card or document under NRS 207.295

The crime of commercial bribery is a misdemeanor crime. As such, if convicted, a person can face:

• Up $1000 fine
• Up to Six (6) months in a county jail
• Both