by Attorney Eric D. PuryearThe crime of Commercial Bribery in Illinois is defined by 720 ILCS 5/29A-1 and 720 ILCS 5/29A-2 as follows:
720 ILCS 5/29A-1
A person commits commercial bribery when he confers, or offers or agrees to confer, any benefit upon any employee, agent or fiduciary without the consent of the latter’s employer or principal, with intent to influence his conduct in relation to his employer’s or principal’s affairs.
720 ILCS 5/29A-2
An employee, agent or fiduciary commits commercial bribe receiving when, without consent of his employer or principal, he solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that such benefit will influence his conduct in relation to his employer’s or principal’s affairs.
Commercial bribery in Illinois is a Class A misdemeanor when the offered, conferred, or agreed bribe is under $500,000, in which case the maximum sentence is 1 year in jail and a fine of up to $5,000. Where the value is $500,000 or more, the charge is a Class 3 felony which is punishable by a 2-5 years in prison and a fine of up to $25,000.
In addition, the court in Illinois can assess a penalty of 3 times the value of the property involved against any person who is convicted.