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Emergency Response Guide for Corruption, Bribery, and Profiteering Crimes | Fidelity Law Firm
Are you facing an interview with prosecutors? Concerned about potential charges of profiteering, bribery, or corruption under the Anti-Corruption Ordinance? Fidelity Law Office has established a dedicated "Civil Servant Corruption Q&A Zone," where a professional team led by former prosecutors offers comprehensive legal defense strategies. Over the past 20 years, we've successfully helped 831 clients obtain suspended sentences and have extensive experience in over 300 corruption cases. Schedule a free initial consultation now!
Regulations on the Punishment of Corruption and Embezzlement by Civil Servants
When interviewed by the Independent Commission Against Corruption (ICAC), the Investigation Bureau, investigation stations, or prosecutors and investigators, the first written record and the first reaction often determine the course of the case.
Cases involving public officials suspected of corruption often come suddenly: early morning searches, office seizures, notifications from investigation stations, interviews by the Agency Against Corruption, interrogations by the district prosecutor's office, and requests for detention or incommunicado confinement. Fidelity Law Firm has extensive experience handling major criminal cases related to the Anti-Corruption Act, bribery, accepting bribes, profiteering, using official positions to defraud, government procurement, and public officials. They can assist in the early stages of investigations by assessing the risks of taking statements, the direction of evidence, and whether bail, sentence reduction, probation, non-prosecution, or acquittal should be sought.
Corruption lawyerCivil servants involved in corruptionCrime of profiteeringBriberyBriberyIndependent Commission Against Corruption (ICAC) summoned him for questioning.Investigation Bureau Accompanying InvestigatorSearch and Detention Rescue
If you have been summoned for questioning, are being searched, or are worried about being implicated, please do not rush to explain the details of the case.
The key points highlighted on the original page are very important: When faced with surprise searches and interviews by the Independent Commission Against Corruption (ICAC) or the Investigation Bureau, please confirm the contents of the search warrant, contact a lawyer immediately, exercise your right to remain silent until your lawyer arrives, and avoid deleting information, contacting relevant individuals, or arbitrarily explaining the flow of funds.
Corruption cases often involve administrative discretion, official conduct, consideration relationships, financial transactions, tender documents, meeting minutes, Line conversations, and confessions from accomplices. The sooner a lawyer reviews the materials, the better to avoid making unfavorable statements immediately.
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Please provide the notification slip, search warrant, case details, handling agency, interrogation time, and whether the suspect has been detained, imprisoned, or held in custody.
Common crimes
In cases involving corruption by civil servants, one cannot only look at the charges, but must also examine official conduct, quid pro quo relationships, administrative discretion, and evidence of financial transactions.
Crime of profiteering
Original page explanation: The core of the crime of profiteering is "knowingly violating the law" and "the intent to profit". In practice, the debate often lies in whether the behavior is administrative discretion, a public service, or knowingly violating the law to obtain illegal benefits for oneself or others.
- Access administrative procedures, signed documents, official documents, and legal basis.
- Analyze the scope of discretion and whether there are any illegal interests involved.
- The risk of not being prosecuted, being acquitted, or having a reduced sentence is being sought.
Bribery, bribing on promise
The key to bribery cases often lies in the distinction between "official conduct" and "compensation." Whether the funds are loans, favors, political donations, consulting fees, or have consideration for official conduct directly affects the direction of the case.
- Examine the financial transactions, conversation logs, and timeline.
- Sever the quid pro quo relationship claimed by the prosecution.
- The difference between violating and not violating one's duties.
Bribery and accomplices of non-civil servants
Ordinary citizens, businesses, or individuals without civil servant status may face serious criminal charges if they bribe civil servants, arrange benefits through intermediaries, or become accomplices with civil servants.
- Bribery, delivery of improper benefits, bidding or procurement cases.
- Clarify whether it is related to official duties.
- Evaluate confessions, testimonies, tainted witnesses, or mitigation strategies.
Using one's position to defraud others of money
The original page mentioned that cases involving inflated overtime pay, travel expenses, and fees for public representatives' assistants may not involve large sums of money, but because they are subject to the Anti-Corruption Act, the penalties are far more severe than those for ordinary fraud.
Government procurement, engineering and subsidy cases
Project specifications, evaluation, acceptance, subsidies, write-offs, supplier relations, and the discretion of the responsible personnel are all common key areas of attack and defense in corruption cases involving civil servants.
Pensions, public office and status consequences
The original page notes: If a civil servant is convicted of corruption, it may affect their retirement pension and public service career. The goal of defense is not only to avoid imprisonment, but also to secure the sentence, probation, and legal consequences.
Media interviews and professional trust
Major corruption and criminal cases require lawyers who can explain complex laws clearly and who can be trusted by the media.
When accused of violating the Anti-Corruption Act, clients often face pressure from investigative questioning, complex financial transactions, and the interplay of administrative procedures and official authority. Our firm's lawyers, through numerous media interviews, are able to break down complex legal issues into clear points of judgment—a crucial skill for defending clients in high-profile cases.
Mirror News Interview
Our lawyers will explain whether same-sex marriages involving 500 million high school students are legal and valid, and whether their mothers can inherit their estates.
One TV interview
Our firm's lawyers will explain the relevant legal issues concerning lawsuits to exclude infringement of ownership rights.
Interviews with Sanlih News and CTV News
Our lawyers explain whether auction websites should bear relevant responsibility for counterfeit goods on their sites.
Interviews with TTV News and ETtoday News
Our lawyers explain the relevant laws regarding online shopping to help the public understand transaction risks and legal responsibilities.
While these interviews did not all involve corruption cases, they all revealed the same core competency: the ability to quickly summarize key points, clearly explain risks, and build the trust needed for communication between the parties involved and external parties when faced with complex facts and legal disputes.
When the prosecutors and investigators came to the door
When the Independent Commission Against Corruption (ICAC), the Investigation Bureau, investigation stations, or prosecutors conduct searches or interviews, please uphold your procedural rights first.
The original page, "7 Things You Must Do When Investigators and Prosecutors Arrive," contains crucial first-aid information for these types of cases. When faced with search warrants, seizures, cell phones and computers, statements, contact with accomplices, and overnight interrogations, remain calm, confirm the scope of the investigation, contact a lawyer, reserve your right to remain silent, and carefully review the statement before signing.
Confirm the content and scope of the search ticket
Confirm the person subject to the search, their address, the scope of the search, and the object of seizure; if the search exceeds the scope of the search warrant, request that objections be noted.
Contact a lawyer immediately
You can clearly state, "I want to contact my lawyer." You can cooperate with the search before your lawyer arrives, but do not disclose any details of the case.
Exercising the right to remain silent
You could say, "I rely on my lawyer's professional advice and will remain silent until my lawyer arrives." Don't give an answer just because it's "just a chat."
Be extra careful with your mobile phone, computer, and cloud data.
Digital evidence has become a key focus of legal battles in recent years. Whether a search warrant contains electronic records, cloud data, and the scope of seizure must be determined with the assistance of a lawyer.
Check the list of seized items
The quantities of checks, ledgers, cash, mobile phones, USB drives, computers, and documents must be checked, and copies must be obtained.
Do not delete the information or contact the relevant person.
Deleting Line contacts, contacting colleagues, colluding with others, or moving data may be considered as evidence destruction or collusion, increasing the risk of detention and incommunicado confinement.
Verify the transcript word by word before signing.
If the record mistakenly writes "money transfer" instead of "loan" or uses an uncertain tone to express an admission of criminal intent, it must be corrected before the record is signed.
Defense strategy
The strategy for corruption cases often needs to be decided in the early stages of the investigation: deny the charges, cut off the consideration, advocate for administrative discretion, or strive for a reduced sentence or probation.
Cases of profiteeringBy reviewing the legal basis, official document procedures, approval authority, and administrative discretion, it can be proven that the violation was not intentional or without any intention to profit.
Bribery casesAnalyze the nature of the funds, timeline, official conduct, consideration, witness statements, and fund flow trajectory to avoid being presumed to have accepted bribes based on a single fund flow.
Bribery and Manufacturer CasesClarify whether it involves job-related benefits, whether there are improper benefits, whether there is intent to bribe, and whether it involves accomplices or front men.
Sentence reduction and probationThe original page mentioned that confessions during investigations, recovery of proceeds of crime, minor offenses, and discretionary reductions under Article 59 of the Criminal Law should all be assessed in conjunction with the overall strategy.
Detention and prohibition of visitsIf the prosecution claims there is a risk of collusion, destruction of evidence, or escape, alternative detention options such as bail, liability, or restricted residence should be prepared immediately.
Fidelity's focus
Corruption cases involving civil servants are not ordinary criminal cases; it requires a thorough understanding of criminal procedures, administrative processes, financial transaction data, and the scope of their official authority.
Our firm has handled numerous complex and serious criminal cases. We assess the case from the perspectives that prosecutors and judges might take, considering factors such as the admissibility of evidence, the risks of taking statements, requests for evidence investigation, and litigation strategies. In cases involving corruption, it's not enough to simply say "I didn't take any money" or "I was just doing my job for the public." Instead, we must establish defensible facts using administrative procedures, legal basis, timelines of transactions or official duties, witnesses, and documents.
Investigation Bureau Accompanying InvestigatorIndependent Commission Against Corruption (ICAC) interrogationDistrict Prosecutor's Office Investigation and DefenseSearch, seizure, and rescue.Detention Court DefenseNot guilty pleaProbation and sentence reduction strategies
Frequently Asked Questions
FAQ on Corruption Prevention Act
Where is the line between profiteering and providing convenient services to the public?
"Convenience to the public" refers to civil servants providing convenience to the public within the scope of their legal authorization; "profiteering" refers to knowingly violating the law by abusing one's power to obtain illegal benefits for oneself or others. Defense arguments typically focus on the perpetrator's subjective intent, legal basis, administrative discretion, and the existence of illegal benefits.
Will someone convicted of embezzlement always be imprisoned? Is there a chance of probation?
The Anti-Corruption Act carries severe penalties, but if one confesses during the investigation, recovers the proceeds of crime, proves the offense was minor, or is eligible for a reduced sentence, probation, or other more favorable outcomes, it may be possible to obtain a reduced sentence, probation, or other favorable results. Whether a confession is appropriate depends on the evidence and the overall strategy.
I am a civil servant. If I am convicted of a crime, will my pension be affected?
Possibly. The original page also cautions that convictions for violating the Anti-Corruption Act could affect retirement pensions, public service employment, and subsequent social status. Therefore, defense strategies should not only focus on avoiding imprisonment but also assess the severity of the sentence and its consequences on one's social status.
Can people who are not civil servants also be subject to the anti-corruption laws?
Possibly. Ordinary citizens, manufacturers, middlemen, or individuals without civil servant status could still become defendants or accomplices in cases if they bribe civil servants or conspire with them in corrupt activities.
Is it permissible to remain silent during an investigation and search?
Yes. If you are searched or questioned by the Independent Commission Against Corruption (ICAC), the Investigation Bureau, or prosecutors, you can request to contact a lawyer to confirm the contents of the search warrant and remain silent until your lawyer arrives. Do not arbitrarily delete information, contact relevant persons, or sign incorrect statements.
If I receive a notification from the Independent Commission Against Corruption (ICAC) or an investigation station, should I wait until the court hearing before hiring a lawyer?
Not recommended. The early stages of investigations into corruption cases involving civil servants are crucial. The first statement, the first explanation of financial transactions, and the first time facing a search and seizure can all influence whether to prosecute, detain, or whether a reduced sentence can be obtained.
If you have been interviewed, searched, or are concerned about being involved in a corruption case, please have a lawyer assess the procedural risks first.
Please prepare the notification slip, summons, search warrant, list of seized items, case details, handling agency, investigation time, and current procedures. For cases involving public officials suspected of corruption, bribery, favoritism, or investigations by the Independent Commission Against Corruption (ICAC), the earlier the proceedings are handled, the more room for defense is preserved.