Being accused of Trading in Special Influence in Fargo can send a shockwave through every aspect of your life. The moment those charges surface, a suffocating fear can grip you, making you question everything you thought was stable. Your reputation, painstakingly built over years, could crumble in an instant, replaced by suspicion and judgment. The thought of facing the stern gaze of the legal system, with your future hanging precariously in the balance, is enough to create overwhelming anxiety and uncertainty about what tomorrow holds.
But you don’t have to face this daunting challenge alone. When confronted with charges of Trading in Special Influence, it’s no longer just you against the immense power of the prosecution. It becomes us—you and me—standing shoulder to shoulder against their allegations, their resources, and their relentless pursuit of a conviction. My unwavering commitment is to be your steadfast protector and relentless fighter, dissecting every detail of their case, challenging every piece of evidence, and ensuring your rights are not just acknowledged but fiercely defended at every turn. I am here to stand by you, to navigate the complexities, and to relentlessly pursue the best possible outcome for your life and future.
The Stakes Are High: Understanding North Dakota’s Trading in Special Influence Laws & Penalties
Trading in Special Influence involves attempting to influence a public servant’s official duties through kinship or position, or accepting such influence.1 This isn’t a trivial matter; it undermines the integrity of public service and the fairness of governmental processes. A conviction carries serious legal consequences, including jail time and significant fines, and can severely damage your standing within the community and any future professional endeavors, highlighting the critical need for a robust defense.
What the Statute Says
The offense of Trading in Special Influence is governed by North Dakota Century Code § 12.1-12-05.2 This statute specifically defines the actions that constitute this crime:
12.1-12-05. Trading in special influence.
A person is guilty of a class A misdemeanor if he knowingly offers, gives, or agrees to give, or solicits, accepts, or agrees to accept, a thing of pecuniary value for exerting, or procuring another to exert, special influence upon a public servant with respect to his legal duty or official action as a public servant. “Special influence” means power to influence through kinship or by reason of position as a public servant or party official, as defined in section 12.1-12-04.3
As a Class A Misdemeanor
Under North Dakota law, Trading in Special Influence is classified as a Class A Misdemeanor.4 This designation means that the potential penalties upon conviction are severe and can have a profound impact on your life. If found guilty, you could face up to one year in jail, a significant period of incarceration that would disrupt your personal and professional life. In addition to potential jail time, a Class A Misdemeanor also carries the possibility of substantial financial penalties, with fines that could reach up to $3,000.5 Beyond these direct legal consequences, a conviction for a crime involving influence and public integrity can lead to a damaged reputation, difficulty securing future employment, and a loss of public trust, effectively creating long-term challenges that extend far beyond the courtroom.
What Does a Trading in Special Influence Charge Look Like in Fargo?
A charge of Trading in Special Influence in Fargo isn’t always about grand, cinematic corruption. Often, it arises from seemingly minor interactions where personal connections or positions of authority are leveraged for a perceived advantage with a public servant. It’s about blurring the lines between legitimate advocacy and the illicit use of influence to bypass standard procedures or gain preferential treatment.
These cases can manifest in everyday scenarios within our community, affecting anyone who interacts with public officials or holds a position of power. The core issue is the exchange of a “thing of pecuniary value” – which can be anything of financial worth – for the use of “special influence,” whether through family ties, professional status, or political sway.6 The prosecution aims to prove that an attempt was made to circumvent fair governmental processes, regardless of whether the desired outcome was achieved. This means that an innocent gesture could inadvertently be misconstrued, leading to serious legal repercussions for residents of Fargo.
The City Council Family Favor
A prominent Fargo developer, whose cousin serves on the city council, faces a significant hurdle in getting a zoning variance approved for a new commercial project. The developer offers to “loan” the cousin a substantial sum of money at a very favorable interest rate, ostensibly for a personal investment. While discussing the loan, the developer casually mentions the zoning variance and expresses hope for a quick resolution. The prosecution could argue this constitutes Trading in Special Influence, asserting that the loan, a “thing of pecuniary value,” was offered to the council member for exerting “special influence” (due to kinship) regarding their official action on the zoning variance. Even if the council member genuinely intended to repay the loan, the perceived link between the financial benefit and the official matter creates a strong case for illicit influence.
The Political Party Official’s Fundraiser
A local business owner in Fargo is seeking a lucrative contract with a state agency. They approach a high-ranking official within a major political party, who is known to have strong ties to the agency’s director. The business owner makes a significant donation to a campaign fundraiser organized by the party official, far exceeding their usual contribution. During the fundraiser, the business owner mentions their interest in the contract to the party official, who then makes a call to the agency director. The prosecution might allege this is Trading in Special Influence, where the donation (a “thing of pecuniary value”) was given to the party official to exert “special influence” (by reason of their party position) on a public servant (the agency director) regarding an official action (the contract award).7
The Law Enforcement Kinship Plea
A Fargo resident is facing a minor criminal charge. Their sibling is a high-ranking officer in the Fargo Police Department. The resident offers their sibling an expensive vacation in exchange for the sibling “making a few calls” to the prosecutor’s office to encourage a lenient outcome or a dismissal of the charges. The sibling accepts the offer and makes the calls. This scenario could lead to a charge of Trading in Special Influence. The vacation represents a “thing of pecuniary value” offered to a public servant (the police officer) to exert “special influence” (through kinship and position) over another public servant (the prosecutor) regarding a legal duty or official action (the handling of the criminal case).8
The Influential Lobbyist’s “Consulting Fee”
A well-known lobbyist in Fargo, with a reputation for close relationships with state legislators, is approached by a company seeking to block a proposed environmental regulation. The company offers the lobbyist a substantial “consulting fee” to “advise” them on how to best approach the legislators. The lobbyist accepts, and then uses their personal connections and established rapport with the lawmakers to aggressively advocate against the regulation. While lobbying is legal, if the “consulting fee” is directly tied to the lobbyist using their “special influence” (by reason of their position and access) over public servants (the legislators) to affect their official action (voting on the regulation), it could be construed as Trading in Special Influence, particularly if the fee appears disproportionate to actual consulting services rendered.
Building Your Defense: How I Fight Trading in Special Influence Charges in Fargo
When you are facing charges of Trading in Special Influence, the need for a robust and proactive defense cannot be overstated. The prosecution will dedicate significant resources to building their case, meticulously gathering evidence and constructing a narrative designed to secure a conviction. Your future, your reputation, and your freedom depend on presenting an equally compelling and aggressive counter-narrative, one that exposes weaknesses in the state’s arguments and champions your rights. Simply hoping for leniency is not a strategy; we must actively dismantle the prosecution’s case piece by piece, leveraging every available legal tool and strategic advantage.
My defense philosophy is built on the principle that the prosecution’s story must be challenged at every single turn. We will not passively accept their version of events. From the moment you retain me, we will embark on a thorough and independent investigation, scrutinizing every piece of evidence they present – or fail to present. We will question the legitimacy of their witnesses, the integrity of their investigative methods, and the very foundation of their legal arguments. Our goal is not just to respond to their claims, but to proactively expose flaws, ambiguities, and alternative interpretations that cast reasonable doubt on their case, ensuring that your side of the story is not just heard, but powerfully advocated for in the courtroom.
Challenging the Definition of “Special Influence”
The core of a Trading in Special Influence charge rests on the concept of “special influence.”9 We will meticulously examine whether the alleged influence truly meets the legal definition as intended by the statute.
- Absence of Kinship or Position: We will rigorously investigate whether the relationship cited by the prosecution genuinely falls under the “kinship” or “position as a public servant or party official” categories. This involves a detailed examination of familial ties, official roles, and party affiliations to demonstrate that the alleged influence was not derived from these specific sources as defined by the statute. We may argue that any influence exerted was due to legitimate expertise, public advocacy, or general professional networking, rather than illicit special access.
- No Pecuniary Value Exchanged: A crucial element of this crime is the exchange of a “thing of pecuniary value.” We will scrutinize the alleged benefit to determine if it truly constitutes something of financial worth that was given or accepted to exert influence. We might argue that the benefit was purely personal, not financial, or that any exchange was part of a legitimate transaction unrelated to the alleged influence. Our goal is to show that the prosecution cannot prove the critical “pecuniary value” component beyond a reasonable doubt.
Disproving Knowledge or Intent
For a conviction, the prosecution must prove that you acted knowingly and with the intent to trade in special influence. We will build a defense designed to cast doubt on this essential element.
- Lack of Knowledge: We will work to demonstrate that you were genuinely unaware that the actions or exchanges constituted an attempt to exert “special influence” as defined by law. This could involve showing that you believed the interactions were standard professional networking, legitimate lobbying, or simply personal favors with no intended connection to official duties. Our aim is to prove that you lacked the requisite criminal knowledge to commit the offense.
- Legitimate Purpose for Exchange: We will present evidence to show that any “thing of pecuniary value” offered or accepted had a legitimate, non-criminal purpose entirely unrelated to influencing a public servant’s official actions. This might involve demonstrating that a payment was for a legitimate service, a loan with standard terms, or a genuine gift given without any expectation of quid pro quo regarding official duties. We will differentiate your actions from those motivated by illicit intent.
Scrutinizing the Alleged Official Action
The “special influence” must be exerted “with respect to [a public servant’s] legal duty or official action.” We will challenge whether such an official action was truly involved.
- No Official Action at Play: We will argue that the matter for which influence was allegedly exerted did not fall within the scope of a public servant’s “legal duty or official action.” This could involve demonstrating that the matter was purely advisory, outside of governmental authority, or a personal issue for the public servant rather than an official one. If no official duty was involved, the core element of the crime related to influencing governmental processes is absent.
- Influence Without Effect on Duty: Even if an official action was contemplated, we will argue that any alleged “influence” did not, in fact, bear upon the public servant’s “legal duty or official action.” This defense focuses on showing that the public servant’s decision was made independently, based on merit, existing policy, or other legitimate factors, and not as a result of the purported “special influence.” We can present evidence that the official action would have been the same regardless of any alleged influence.
Challenging Law Enforcement Conduct
The methods used by law enforcement during their investigation can sometimes be flawed or illegal, providing grounds for a strong defense.
- Improper Surveillance or Wiretaps: We will meticulously review all surveillance records and wiretap authorizations to ensure that law enforcement adhered to strict legal protocols. If any evidence was obtained through illegal or improperly authorized surveillance, we will move to have it suppressed, rendering it inadmissible in court and significantly weakening the prosecution’s case. Violations of privacy rights can be a powerful defense tool.
- Entrapment Defense: If law enforcement actively induced you to commit the crime you otherwise would not have committed, an entrapment defense may be viable. This requires demonstrating that the police went beyond merely providing an opportunity and instead coerced, persuaded, or otherwise compelled you to engage in actions that were not part of your original intent. We will gather evidence to show that the criminal intent originated with the authorities, not with you.
Your Questions About North Dakota Trading in Special Influence Charges Answered
What exactly is “special influence” under North Dakota law?
“Special influence” is a specific term defined in North Dakota Century Code § 12.1-12-05. It refers to the power to influence a public servant through kinship (family relationship) or by reason of a position as a public servant or a party official (as defined in section 12.1-12-04).10 It’s distinct from general lobbying or advocacy; it specifically targets leveraging these particular relationships or positions to affect a public servant’s legal duty or official action.
Can I be charged if I didn’t actually get the outcome I wanted from the public servant?
Yes, you can still be charged. The statute criminalizes the act of “offering, giving, or agreeing to give” or “soliciting, accepting, or agreeing to accept” a thing of pecuniary value for exerting or procuring special influence.11 It does not require that the special influence actually succeed in altering the public servant’s legal duty or official action. The crime is in the attempt or agreement to engage in such conduct, regardless of the ultimate outcome.
What does “thing of pecuniary value” mean in this context?
A “thing of pecuniary value” is a broad term that encompasses anything of financial worth. This isn’t limited to direct cash payments. It can include gifts, favors, loans at favorable rates, services, employment opportunities, discounts, property, or any other benefit that has a monetary value. The key is that the item or service is offered or accepted as an inducement for, or in exchange for, the exertion of special influence on a public servant.
Is lobbying the same as Trading in Special Influence?
No, traditional lobbying is generally legal and involves advocating for interests through legitimate means like providing information, raising awareness, and directly communicating with lawmakers.12 Trading in Special Influence, however, crosses a line when it involves offering or accepting a “thing of pecuniary value” specifically for leveraging kinship or an official/party position to affect a public servant’s duty or action.13 The difference lies in the nature of the influence and the illicit exchange of value.
Who can be charged with Trading in Special Influence?
Both parties involved in the illicit exchange can be charged. A person who “knowingly offers, gives, or agrees to give” a thing of pecuniary value for special influence can be charged. Similarly, a person who “solicits, accepts, or agrees to accept” a thing of pecuniary value for exerting or procuring special influence can also be charged. This means both the individual seeking to exert influence and the individual accepting payment to do so are liable under the statute.
What are the penalties for a Class A Misdemeanor in North Dakota?
A conviction for a Class A Misdemeanor in North Dakota is serious. It can lead to up to one year in jail, and/or a fine of up to $3,000. Beyond these direct legal consequences, a conviction for Trading in Special Influence can have severe collateral consequences, including damage to your professional reputation, potential loss of professional licenses, and significant difficulty in securing future employment, particularly in roles requiring trust and integrity.
Can this charge affect my professional license or certifications?
Absolutely. Many professional licenses and certifications (e.g., for lawyers, financial advisors, real estate agents, or public employees) have strict ethical codes and requirements for good moral character.14 A conviction for a crime involving influence peddling or public integrity can lead to disciplinary action, including suspension or revocation of your license, severely impacting your ability to continue in your chosen profession.
What if I was unaware that my relative was a “public servant” or “party official” in the legal sense?
A lack of awareness regarding the specific legal definition of “public servant” or “party official” might be a component of a defense strategy, especially if it genuinely speaks to a lack of criminal intent. However, ignorance of the law is generally not a complete defense. It would require demonstrating that your lack of knowledge was genuine and that you had no reason to suspect that your actions could be construed as illegal influence. This is a complex area best discussed with an experienced attorney.
How does “kinship” apply to this statute?
“Kinship” refers to a relationship by blood or marriage. The statute specifically targets instances where this familial connection is used as a means to exert “special influence” on a public servant. For example, if a family member offers payment to a public servant who is also a relative, with the intent to influence an official duty, it could fall under this part of the statute. It highlights that the special relationship, when linked to pecuniary value for influence, is criminalized.
What is the role of intent in these cases?
Intent is crucial. The statute states that a person is guilty if they “knowingly” offer, give, accept, or solicit.15 This means the prosecution must prove beyond a reasonable doubt that you understood your actions constituted an attempt to trade in special influence and that you intended to do so. If we can demonstrate that you lacked this criminal intent, or that your actions were the result of a misunderstanding or a legitimate purpose, it can significantly strengthen your defense.
Can I be charged if the public servant never actually acted on the influence?
Yes. As mentioned, the crime lies in the act of offering, giving, soliciting, or accepting the “thing of pecuniary value” for the purpose of exerting special influence. The success or failure of that influence on the public servant’s actual official action is not a required element for the charge to be filed. It’s the attempt to corrupt the process that the law aims to prevent.
How long does an investigation for Trading in Special Influence typically last?
Investigations into white-collar crimes like Trading in Special Influence can be complex and lengthy, often lasting months or even over a year. They involve extensive financial analysis, interviews, and sometimes surveillance. The duration depends on the complexity of the alleged scheme, the number of individuals involved, and the resources dedicated by law enforcement. If you become aware of an investigation, contacting an attorney immediately is crucial.
What kind of evidence is typically used in these cases?
Evidence in Trading in Special Influence cases can include financial records (bank statements, wire transfers, receipts), electronic communications (emails, text messages), phone records, witness testimony, surveillance footage, and sometimes even recordings from undercover operations. Prosecutors will try to establish a clear link between the “thing of pecuniary value” and the alleged attempt to exert “special influence” on a public servant.
Can this charge lead to federal charges as well?
While North Dakota has its own laws against Trading in Special Influence, similar conduct can also be prosecuted under federal law, especially if the alleged influence involves federal public servants or crosses state lines. Federal charges often carry much harsher penalties and can involve more extensive investigations.16 It is critical to have an attorney who understands both state and federal implications if there’s any potential for overlapping jurisdiction.
What are my options if I am approached by law enforcement for questioning?
If you are approached by law enforcement for questioning regarding Trading in Special Influence, or any other crime, politely but firmly state that you wish to speak with your attorney before answering any questions. Do not make any statements, provide any documents, or consent to any searches without legal counsel present. Anything you say or do can be used against you. Invoking your right to an attorney is your constitutional right and the best way to protect your interests.
Your Future Is Worth Fighting For
A charge of Trading in Special Influence in Fargo casts an immediate and chilling impact on your livelihood and career, particularly if you hold a position of public trust or are involved in highly regulated industries. A conviction can lead to the immediate termination of your current employment, as employers often have strict policies regarding integrity and ethics. Beyond that, a criminal record for such an offense can create an insurmountable obstacle to future job opportunities, especially in any field that requires security clearances, professional licenses, or simply a reputation for honesty. This isn’t just about losing one job; it’s about the potential for long-term professional marginalization, forcing you to reconsider your entire career path and face the profound financial and emotional strain of being branded by a serious criminal offense.
Beyond the immediate professional fallout, a charge of Trading in Special Influence also poses a grave threat to your fundamental constitutional rights. The state, with its vast investigative resources, will aim to gather every piece of evidence to build a case against you. This process can involve extensive surveillance, financial record scrutiny, and aggressive questioning, all of which can feel like an invasion of your privacy and a challenge to your basic liberties. Without an experienced advocate by your side, your rights against self-incrimination, to a fair trial, and to confront your accusers can be compromised. Protecting these rights is paramount, as a conviction not only carries legal penalties but can also leave you with a lasting sense that your foundational freedoms were diminished during the legal process.
I know the Fargo courts and the prosecution, and this intimate familiarity is a distinct advantage when fighting Trading in Special Influence charges. Having navigated countless complex cases within this specific legal environment, I have a deep understanding of the local judges’ tendencies, the prosecutors’ strategies, and the unwritten rules of engagement that can significantly impact the outcome of your case. This local knowledge allows me to anticipate their moves, tailor defense arguments to the specific nuances of the Fargo judicial system, and engage in more effective negotiations. My experience within these very courtrooms means I can provide you with insights and a level of strategic representation that only comes from years of direct involvement in the local legal community.
A single mistake, or even a grave misunderstanding, should not be allowed to define the entirety of your life and dismantle your future. The weight of Trading in Special Influence charges is immense, but it does not diminish your inherent worth or your right to a vigorous and unwavering defense. I firmly believe in the power of a second chance and that the justice system, at its core, should seek truth and fairness, not merely secure convictions. My commitment is to ensure that your perspective is heard with compelling clarity, that every shred of exculpatory evidence is brought to light, and that you are afforded every possible opportunity to demonstrate that this single incident, if proven, does not paint a complete or accurate picture of your character or your future potential. Your future is too precious to leave to chance, and I am dedicated to fighting tirelessly to safeguard it.