Michigan Criminal Code: Bribery and Corruption

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Corruption of Appraiser, Receiver, Trustee, Administrator, Executor, Commissioner, Auditor, Juror, Arbitrator, or Referee by Giving, Offering, or Promising Gift or Gratuity Regarding Pending Matter

Published: 10 months ago

THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931

750.119 Corruption of appraiser, receiver, trustee, administrator, executor, commissioner, auditor, juror, arbitrator, or referee by giving, offering, or promising gift or gratuity regarding pending matter; intent; penalties. Sec. 119.

(1) A person who corrupts or attempts to corrupt an appraiser, receiver, trustee, administrator, executor, commissioner, auditor, juror, arbitrator, or referee by giving, offering, or promising any gift or gratuity with the intent to bias the opinion or influence the decision of that appraiser, receiver, trustee, administrator, executor, commissioner, auditor, juror, arbitrator, or referee regarding any matter pending in a court, or before an inquest, or for the decision for which the appraiser, receiver, trustee, administrator, executor, commissioner, auditor, juror, arbitrator, or referee was appointed or chosen, is guilty of a crime as follows: (a) Except as provided in subdivision (b), the person is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $5,000.00, or both. (b) If the violation is committed in a criminal case for which the maximum term of imprisonment for the violation is more than 10 years, or the violation is punishable by imprisonment for life or any term of years, the person is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $20,000.00, or both. (2) This section does not prohibit a person from being charged with, convicted of, or punished for any other crime including any other violation of law arising out of the same transaction as the violation of this section. (3) The court may order a term of imprisonment imposed for violating this section to be served consecutively to a term of imprisonment imposed for any other crime, including any other violation of law arising out of the same transaction as the violation of this section.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.119 ;-- Am. 2000, Act 453, Eff. Mar. 28, 2001 Former Law: See section 9 of Ch. 156 of R.S. 1846, being CL 1857, § 5828; CL 1871, § 7661; How., § 9243; CL 1897, § 11313; CL 1915, § 14980; and CL 1929, § 16571.

Understanding Michigan Law on Corruption of Appraisers, Receivers, Trustees, etc.: Section 750.119 of the Michigan Penal Code Simplified

Section 750.119 of the Michigan Penal Code is concerned with the criminal act of corrupting an appraiser, receiver, trustee, administrator, executor, commissioner, auditor, juror, arbitrator, or referee. Here's a simplified explanation:

Unlawful Actions:

  • If someone tries to corrupt or successfully corrupts any of the listed individuals (appraiser, receiver, trustee, administrator, etc.) by giving, offering, or promising any gift or gratuity, it is against the law.
  • This law applies when the intention of the gift or gratuity is to bias the opinion or influence the decision of the individual regarding any matter that's pending in a court, before an inquest, or any decision for which the individual was appointed or chosen.

Penalties:

  • If the person breaks this law in a situation other than a criminal case where the maximum prison sentence for the violation is over 10 years, or where the violation could be punished by imprisonment for life or any number of years, they are guilty of a felony. The punishment could be up to 4 years in prison, a fine of up to $5,000, or both.
  • If the law is broken in a criminal case where the maximum prison sentence for the violation is over 10 years, or where the violation could be punished by imprisonment for life or any number of years, the person is guilty of a felony. The punishment could be up to 10 years in prison, a fine of up to $20,000, or both.

Additional Information:

  • This law does not prevent someone from being charged with, convicted of, or punished for any other crime, including any other violation of the law that comes from the same transaction as the violation of this section.
  • The court may order that a prison term imposed for violating this section be served consecutively to a prison term imposed for any other crime, including any other violation of the law that comes from the same transaction as the violation of this section.

The Importance of Understanding Section 750.119

This law is critical because it protects the integrity of various legal and professional roles. It deters potential attempts at corrupting these professionals by making it a crime to offer them bribes in order to influence their decisions. The severity of the punishment reflects the importance of trust and impartiality in these roles.

This should be used for informational and general purposes only and should not be construed as legal advice or relied on aside for general information that may contain opinion.


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