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Common "Kickbacks" May Actually Be Illegal Bribery

By Neil Shous, Esq.

?Kickbacks? are common in many industries. They are regarded as a type of ?perk? and many people graciously offer and accept them without giving them much thought...or at least turn a blind-eye to the practice. Simply put, kickbacks are payment, goods, or other services that are given in exchange for a desired benefit. But when the value of these kickbacks is greater than $250, a crime is actually taking place. Penal Code 641.3 PC, California?s ?commercial bribery? law, prohibits employees from soliciting, accepting, or agreeing to accept money or anything of value above $250 from anyone other than their employer?and without the employer?s knowledge?in return for using their position to benefit the other party. So while you may be used to benefiting from industry kickbacks (either as the giver or receiver), beware of (1) the value of the gift, and (2) concealing it from your boss, because violating Penal Code 641...continue to full post

Full post as published by California Criminal Defense Blog on May 03, 2010 (boomark / email).