What to know about kickbacks

On Behalf of | May 9, 2023 | Bribery

A kickback is any compensation for preferred treatment from a person, company or political organization. If you are convicted of providing kickbacks, you may spend time in a California jail or prison, pay a fine or be required to pay fair market value for goods or services received.

Examples of kickbacks

Let’s say that two contractors were competing for a government contract. One contractor may attempt to win the deal by offering the official reviewing the bids a check for $1,000 for approving that company’s offer. Alternatively, that company might offer a gift card for the amount, tickets to a concert or some other tangible benefit. A kickback may also be used by companies to lure clients from other companies or to convince clients or customers to overlook violations of building or other city codes.

Signs of a bribery scheme

It can be extremely difficult to prove that a person or entity is engaged in a bribery scheme. However, several clues might indicate that something illegal is happening. For instance, if a client continues to work with a company that offers poor service or doesn’t offer a tangible service, there may be something shady going on. The same might be true if a company continues getting away with code violations or other issues that would result in other businesses receiving fines or sanctions.

If you are charged with bribery, there are many defenses that you might be able to use to refute the allegation. For instance, it may be possible to use accounting records to prove that all payments to and from clients were legitimate. Alternatively, you may argue that there was no intent to break the law even if a mistake was made.

FindLaw Network
Gary Jay Kaufman
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