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Christopher M. Choate440 Louisiana, Suite 1900
Houston, Texas 77002
USA
+1.832.971.9010
Fax: +1.713.481.8813
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| Honest Services Fraud |
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Honest Services Fraud, like mortgage fraud, is not really a specific "crime" in that there isn't a statute that explicitly lays out what sort of behavior is proscribed by the federal government regarding the deprivation of honest services. Instead, honest services fraud is defined in 18 U.S.C. § 1346, the actual text of which is:
This statute is a great example of Congress enacting a law to directly counter an unsatisfactory decision by the Supreme Court of the United States. In 1987, the Supreme Court declared that the mail fraud statute "protects property rights, but does not refer to the intangible right of the citizenry to good government." McNally v. United States, 483 U.S. 350, 356 (1987). As the Ninth Circuit has pointed out, "The legislative history accompanying § 1346 specifically refers to the intention of Congress to overrule McNally." United States v. Frega, 179 F.3d 793, 802 (9th Cir. 1999). As Senator Biden stated in introducing section 1346 as part of the Anti-Corruption Act of 1988:
Frega, 179 F.3d at 802, n.7 quoting 134 Cong. Rec. S12581-04 (daily ed. Sept. 16, 1988) (statement of Sen. Biden) (emphasis added by Frega court). There is still a good deal of sniping around the edges of whether the statute, as written, is unconstitutionally vague, just what the elements of the crime actually are, and other contentious matters. That's why an individual facing honest services fraud charges needs an attorney who is experienced in federal criminal defense in jurisdictions across the country. |
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