Legal Question in Criminal Law in Virginia

Can I get in trouble for Encouraging OTHER side to bribe arbitrator?

I am in a lawsuit, where I strongly suspect the company

on the other side has BRIBED the judge, and it is now

going to arbitration. The company has a wide reputation

of such tactics, and this has been volutneered to me by

many different people, UNsolicited.

I want to try to catch them trying to bribe the arbitrator.

What if I send an anonymous note to the company's contact,

saying something like ''If you want to ensure a result in

favor of [the name of the company], please send $10,000

to XYZ'' which would be the arbitrator's address.

My expectation is that they would send the money, GET

CAUGHT, get PROSECUTED and get what they deserve.

Assuming I make it really clear in the note that it

is to win a result FAVORABLE TO THEM (not to me),

could I be in any legal trouble for trying to invite

the company to do what I suspect they usually do,

and invite them to send a bribe?

I suspect they will do it if they believe it is

something the arbitrator is willing to entertain.

So if they think that it has been invited, they might

make a clumsy mistake and get CAUGHT.


Asked on 7/10/05, 4:18 pm

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Can I get in trouble for Encouraging OTHER side to bribe arbitrator?

Yes, you could possibly be charged as being an accessory before the fact or with some form of aiding/abetting the commission of the crime of bribery, a Class 4 felony under the Virginia Criminal Code. An accessory under the Virginia Criminal Code is subject to the same penalty as

a principal, meaning that if convicted you could receive the same penalty as the one who either offered or accepted the bribe, which in the case of a Class 4 felony means a term of imprisonment of not less than two years nor more than 10 and/or a fine not to exceed $100,000.

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Answered on 7/10/05, 9:51 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Can I get in trouble for Encouraging OTHER side to bribe arbitrator?

Before I posted my first response to your question, for some reason I was unable to read the first part of your proposed scenario. What you've proposed here would appear to be nothing less than a kind of sting operation which you would run in order to catch your adversary in the lawsuit in the commission of a crime.

Such sting operations designed to catch criminals are not for amateur operators such as yourself. They are in all cases much better left to the expertise of experienced law enforcement folks who know how (and when) to run these particular kinds of operations.

Otherwise, you yourself could very well end up as the one on the wrong end of the stinger.

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Answered on 7/10/05, 10:10 pm


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