N.Y. Laws » CHAPTER Penal / PART Specific Offenses / TITLE Offenses Involving Fraud / ARTICLE Bribery Not Involving Public Servants, and Related Offenses
New York Consolidated Laws

N.Y. Penal Law § 180.05 (2026)

Commercial bribe receiving in the second degree

✓ current as of May 2026
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§ 180.05 Commercial bribe receiving in the second degree.
  An employee, agent or fiduciary is guilty of commercial bribe
receiving in the second degree when, without the 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 bribe receiving in the second degree is a class A
misdemeanor.
Notes of Decisions
Cited in 10 cases, 1977–2015 · leading case: United States of Am., Cross-Appellant v. Alfred Covino, Cross-Appellee, 837 F.2d 65 (2d Cir. 1988).
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United States of Am., Cross-Appellant v. Alfred Covino, Cross-Appellee, 837 F.2d 65 (2d Cir. 1988). · cites it 2× “1988), and “Commercial bribe receiving in the second degree,” N.Y. Penal Law § 180.05 (McKinney Supp.1988).”
United States v. Jeffrey Szur, Elaine Szur, Cary Weinstein, Vadim Kaplun, David M. Gold, Ronald D. Gray, Bertram Slutsky, 289 F.3d 200 (2d Cir. 2002). “N.Y. Penal Law § 180.05 (1999). Viewed in light of the prohibitions of the New York statute, the Travel Act counts required the existence of a fiduciary, agency, or employment relationship between JSS brokers and their customers.”
Freedman v. United States, 437 F. Supp. 1252 (N.D. Ga. 1977). · cites it 2× “Furthermore, our threshold finding of extraditability must be based upon comparability to the criminal laws of the asylum state, Georgia.”
United States v. Mahaffy, 499 F. Supp. 2d 291 (E.D.N.Y 2007). · cites it 3× “The elements of N.Y. Penal Law § 180.05 , Commercial Bribe Receiving, were explained to the jury as follows: First: that an employee, agent or fiduciary solicited, accepted or agreed to accept some form of benefit from another person; Second: that such person solicited,…”
Guice v. Charles Schwab & Co., 674 N.E.2d 282 (NY 1996). “They also allege illegality of the acceptance of order flow payments as a form of commercial bribery (citing Penal Law § 180.05) and a violation of State securities law (the Martin Act) (citing General Business Law § 352-c).”
Curiale v. Capolino, 883 F. Supp. 941 (S.D.N.Y. 1995). “The claim for commercial bribery raises the issue whether violation of N.Y.Penal L. § 180.05 (McKinney 1988), gives rise to a private cause of action, which the Superintendent has not briefed apart from citing Shemin v.”
United States v. Mark Mazer, 631 F. App'x 57 (2d Cir. 2015). “” See N.Y. Penal Law § 180.05 . Mazer contends that the testimony of Elaine Doria, OPA’s administrative director, establishes that OPA had knowledge that Mazer received “fees” from D.”
People v. Barbera, 48 Misc. 3d 374 (N.Y. City Crim. Ct. 2015). · cites it 3× “Defendant is charged with one count of commercial bribe receiving in the second degree (Penal Law § 180.05). By notice of motion dated February 23, 2015, defendant moves for an order pursuant to CPL 170.”
United States v. Robert Capo, Tadeusz Snacki, A/K/A \Ted Snacki\", 817 F.2d 947 (1987). “N.Y. Penal Law § 180.05 (McKinney Supp. 1986).”
People v. Felton, 160 A.D.2d 283 (N.Y. App. Div. 1990). “25), five counts of commercial bribe receiving in the second degree (Penal Law § 180.05), 11 counts of falsification of books, reports and statements (Banking Law § 672 [1]), and three counts of abstraction or misappropriation of funds (Banking Law § 673) and sentencing him to…”
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