New York Consolidated Laws

N.Y. Penal Law § 180.08 (2026)

Commercial bribe receiving in the first degree

✓ current as of May 2026

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§ 180.08 Commercial bribe receiving in the first degree.
  An employee, agent or fiduciary is guilty of commercial bribe
receiving in the first 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, and when the value of the benefit solicited, accepted or agreed
to be accepted exceeds one thousand dollars and causes economic harm to
the employer or principal in an amount exceeding two hundred fifty
dollars.
  Commercial bribe receiving in the first degree is a class E felony.

Notes of Decisions

Cited in 8 cases, 1988–2006 · leading case: Maddaloni Jewelers, Inc. v. Rolex Watch U.S.A., Inc., 354 F. Supp. 2d 293 (S.D.N.Y. 2004).

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Maddaloni Jewelers, Inc. v. Rolex Watch U.S.A., Inc., 354 F. Supp. 2d 293 (S.D.N.Y. 2004). · cites it 2× “N.Y. Penal L. § 180.08 states: "An employee, agent or fiduciary is guilty of commercial bribe receiving in the first 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…”

United States of Am., Cross-Appellant v. Alfred Covino, Cross-Appellee, 837 F.2d 65 (2d Cir. 1988). “Covino claims, however, that an “educated guess” is required to conclude that the only relevant subsections of Article 180 are “Commercial bribe receiving in the first degree,” N.Y. Penal Law § 180.08 (McKinney Supp.1988), and “Commercial bribe receiving in the second degree,” N.”

In Re the Extradition of Chan Seong-I, 346 F. Supp. 2d 1149 (D.N.M. 2004). “43-6 (felony subject to imprisonment for between five and ten years if the value of the benefit exceeds seventy-five thousand dollars); N.Y. Penal Law § 180.08 (felony when value of benefit exceeds one thousand dollars and causes economic harm to the principal in an amount'…”

PHILIP MORRIS, INCORP. v. Grinnell Lithographic Co., 67 F. Supp. 2d 126 (E.D.N.Y 1999). “1, 1996) (no private right of action under Penal Law § 180.08); Texwood Ltd. v. Gerber, 621 F.”

People v. Abedi, 156 Misc. 2d 904 (N.Y. Sup. Ct. 1993). “COMMERCIAL BRIBE RECEIVING Altman seeks dismissal of the fifth count of the indictment in which he is charged with commercial bribe receiving in the first degree (Penal Law § 180.08). That section provides: "An employee, agent or fiduciary is guilty of commercial bribe receiving…”

Morgenthau v. Clifford, 157 Misc. 2d 331 (N.Y. Sup. Ct. 1992). “Count 5 accuses Clifford and Altman of commercial bribe receiving, first degree, Penal Law § 180.08, a class E felony. The Grand Jury alleges they, as employees and fiduciaries, agreed to accept from the BCC Group a benefit exceeding $1,000 in value, "to wit, the opportunity to…”

Shovak v. Long Island Com. Bank, 35 A.D.3d 837 (N.Y. App. Div. 2006). · cites it 2× “He asserted causes of action alleging breach of fiduciary duty, money had and received, unjust enrichment, and violations of General Business Law § 349 and Penal Law § 180.08. The plaintiff moved, inter alia, for class certification pursuant to CPLR 902 on behalf of a class of…”

People v. Deutsch, 164 Misc. 2d 182 (N.Y. Sup. Ct. 1994). “35) and commercial bribery in the first degree (Penal Law § 180.08). Defendant moved by written motion to inspect and dismiss the indictment on the ground that the evidence presented to the Grand Jury was legally insufficient to support the charges, in that the testimony of…”

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