9A.68.060 - Commercial bribery. - Washington Statutes

Commercial bribery.

(1) For purposes of this section:

     (a) "Claimant" means a person who has or is believed by an actor to have an insurance claim.

     (b) "Service provider" means a person who directly or indirectly provides, advertises, or otherwise claims to provide services.

     (c) "Services" means health care services, motor vehicle body or other motor vehicle repair, and preparing, processing, presenting, or negotiating an insurance claim.

     (d) "Trusted person" means:

     (i) An agent, employee, or partner of another;

     (ii) An administrator, executor, conservator, guardian, receiver, or trustee of a person or an estate, or any other person acting in a fiduciary capacity;

     (iii) An accountant, appraiser, attorney, physician, or other professional adviser;

     (iv) An officer or director of a corporation, or any other person who participates in the affairs of a corporation, partnership, or unincorporated association; or

     (v) An arbitrator, mediator, or other purportedly disinterested adjudicator or referee.

     (2) A person is guilty of commercial bribery if:

     (a) He or she offers, confers, or agrees to confer a pecuniary benefit directly or indirectly upon a trusted person under a request, agreement, or understanding that the trusted person will violate a duty of fidelity or trust arising from his or her position as a trusted person;

     (b) Being a trusted person, he or she requests, accepts, or agrees to accept a pecuniary benefit for himself, herself, or another under a request, agreement, or understanding that he or she will violate a duty of fidelity or trust arising from his or her position as a trusted person; or

     (c) Being an employee or agent of an insurer, he or she requests, accepts, or agrees to accept a pecuniary benefit for himself or herself, or a person other than the insurer, under a request, agreement, or understanding that he or she will or a threat that he or she will not refer or induce claimants to have services performed by a service provider.

     (3) It is not a defense to a prosecution under this section that the person sought to be influenced was not qualified to act in the desired way, whether because the person had not yet assumed his or her position, lacked authority, or for any other reason.

     (4) Commercial bribery is a class B felony.

[2001 c 224 § 2. Prior: 1995 c 285 § 29.]

Notes: Purpose -- 2001 c 224: "The purpose of this act is to respond to State v. Thomas, 103 Wn. App. 800, by reenacting and ranking, without changes, the law relating to the crime of commercial bribery, enacted as sections 29 and 37(5), chapter 285, Laws of 1995." [2001 c 224 § 1.]

Effective date -- 2001 c 224: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 9, 2001]." [2001 c 224 § 5.]

Effective date -- 1995 c 285: See RCW 48.30A.900.