Federal-Program Theft & Bribery (18 U.S.C. § 666) in Miami

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012, in state and federal court. Our office answers 24 hours a day.

Theft or Embezzlement by an Agent (§ 666(a)(1)(A))

Under Pattern Instr. O24.1 (Elements), the Government must prove:

1. You were an agent of the organization or government named in the indictment.
2. In any one-year period, the organization or government received more than $10,000 in benefits under a federal program involving a grant, contract, subsidy, loan, guarantee, insurance, or other federal assistance.
3. You embezzled, stole, obtained by fraud, knowingly converted without authority, or intentionally misapplied property owned by or in the care, custody, or control of that organization.
4. The property was worth $5,000 or more.

An "agent" is anyone authorized to act for the organization, including an employee, partner, officer, or director. The "one-year period" can begin up to 12 months before or end up to 12 months after the offense. The Government does not have to prove your conduct directly affected the federal funds. Bona fide salary, wages, fees, and reimbursed expenses paid in the usual course of business are not counted.

Bribing an Agent (§ 666(a)(2))

Under O24.3 (Elements), the Government must prove the person was an agent of a qualifying organization or government; it received more than $10,000 in federal benefits in a one-year period; during that period you gave, offered, or agreed to give something of value to the agent intending to influence or reward the agent in connection with business or transactions of the organization involving something worth $5,000 or more; and you acted corruptly. "Corruptly" means acting voluntarily, deliberately, and dishonestly, either to accomplish an unlawful end or to use an unlawful means.

Agents who solicit or accept bribes are charged under a companion subsection, covered on our Extortion & Bribery page along with bribery of federal officials under § 201.

Penalty

Up to 10 years and a fine of up to $250,000, or twice the gross gain or loss.

Defense Themes

• The $10,000 federal-benefits requirement. Not every payment from the government is a "benefit" under a federal assistance program; purely commercial dealings with the government may not qualify.
• The $5,000 value threshold and how it is measured.
• Agency. Were you actually authorized to act for the organization?
• Bona fide pay and expenses are excluded by statute.
• Corrupt intent. A gift is not a bribe unless the Government proves you acted corruptly, intending to influence or reward, and timing matters.
• Lawful campaign contributions and lobbying are not crimes without corrupt intent.

What to Do First

1. Don't talk to inspectors general, auditors, or agents without a lawyer.
2. Don't contact coworkers or vendors about the investigation.
3. Preserve records: invoices, emails, and approval chains.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

I work for the county, not the federal government. Can I be charged federally?

Yes, if the county agency received more than $10,000 in federal benefits in the relevant one-year period and the other elements are met.

Does the money have to be federal money?

No. The Government does not have to prove the conduct directly affected the federal funds.

I gave a thank-you gift after the contract was awarded.

Timing and intent matter: the Government must prove you acted corruptly, intending to influence or reward. Talk to a lawyer before saying anything about it.