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Honest services fraud is a crime defined in 18 U.S.C. § 1346 (the federal mail and wire fraud statute), added by the United States Congress in 1988. [1] The idea of this law was to criminalize not only schemes to defraud victims of money and property, but also schemes to defraud victims of intangible rights such as the "honest services" of a public official.
While several early cases employed the "intangible right to honest government," United States v. States (8th Cir. 1973) [9] was the first case to rely on honest services fraud as the sole basis for a conviction. [10] The prosecution of state and local political corruption became a "major federal law enforcement priority" in the 1970s. [11 ...
McNally v. United States, 483 U.S. 350 (1987), was a case in which the United States Supreme Court decided that the federal statute criminalizing mail fraud applied only to the schemes and artifices defrauding victims of money or property, as opposed to those defrauding citizens of their rights to good government.
The first type are also applicable to corrupt state and local officials: [1] the mail and wire fraud statutes (enacted 1872), including the honest services fraud provision, [2] the Hobbs Act (enacted 1934), [3] the Travel Act (enacted 1961), [4] and the Racketeer Influenced and Corrupt Organizations Act (RICO) (enacted 1970).
Percoco v. United States, 598 U.S. 319, is a 2023 United States Supreme Court case regarding the federal honest services fraud statute. In the case, the Court held that a private citizen with significant influence over government decision-making cannot be convicted of honest services fraud for actions taken while not holding public office.
DeWine signed it into law in July 2019. FBI agents remove items from the German Village home of Public Utilities Commission of Ohio Chairman Sam Randazzo in Columbus, Ohio on November 16, 2020.
Skilling v. United States, 561 U.S. 358 (2010), is a United States Supreme Court case interpreting the honest services fraud statute, 18 U.S.C. § 1346.The case involves former Enron CEO Jeffrey Skilling and the honest services fraud statute, which prohibits "a scheme or artifice to deprive another of the intangible right of honest services".
Cohen was a lawyer and it’s not a problem if a law firm, for example, hires an expert witness for your trial and bills it back to you as an expense for legal services.