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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.
The Government Law Center at Albany Law School is a nonpartisan law and public policy center based in Albany, New York. It produces independent legal research and analysis to help state and local governments better serve their communities.
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 ...
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".
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.
Black v. United States, 561 U.S. 465 (2010), is a white-collar criminal law case decided by the United States Supreme Court dealing with businessman Conrad Black's fraud trial. Along with two companion cases—Skilling v. United States and Weyhrauch v. United States—it dealt with the honest services provision, 18 U.S.C. § 1346.
The ruling narrowed the legal definition of public corruption and made it harder for prosecutors to prove that a political official engaged in bribery. [ 4 ] [ 5 ] The term "official act" does not occur in the statutes charged in the case; rather, the parties to the trial had agreed that they would use the definition of that term given in the ...
Honest services fraud case law (3 P) P. People convicted of honest services fraud (1 C, 11 P) Pages in category "Honest services fraud" The following 2 pages are in ...