Mail or Wire Fraud-Protected Interests: Honest Services (revised 2016) is a federal law that prohibits the use of mail or wire communications (including computers, telephones, and other forms of electronic transmission) to commit fraud with the intent to deprive another of "the intangible right of honest services." This law is applicable when an individual or business uses deceitful means to defraud another, such as concealing material information, using false statements, or using kickbacks, bribes, and other forms of self-enrichment. It includes not just financial fraud, but any type of fraud that deprives the victim of honest services. There are three main types of Mail or Wire Fraud-Protected Interests: Honest Services (revised 2016): 1. Mail Fraud: Mail fraud occurs when someone uses the U.S. Postal Service or other mail services to commit fraud. 2. Wire Fraud: Wire fraud occurs when someone uses any form of electronic communication (such as a telephone, computer, or radio) to commit fraud. 3. Honest Services Fraud: Honest services fraud occurs when someone uses deceitful means to deprive another of honest services. This includes fraud related to kickbacks, bribes, and self-enrichment.
Mail or Wire Fraud - Protected Interests: Honest Services (revised 2016)
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FAQ
Honest services fraud is defined in federal statute 18 U.S.C. §1346 as a scheme to defraud another of the intangible right to honest services through a scheme to violate a fiduciary duty by bribery or kickbacks. A fiduciary duty is a duty to act only for the benefit of the public, an employer, shareholders, or a union.
If you're convicted of honest services fraud, you can now face the same penalties as with other types of mail, wire, or health care fraud, up to 20 years in prison and sometimes up to 30 years. Let's review this federal law in more detail below.
The essential elements of conspiracy to commit mail fraud or wire fraud in violation of 18 U.S.C. § 371, are (1) an agreement between two or more persons; (2) to commit mail fraud or wire fraud; and (3) an overt act committed by one of the conspirators in furtherance of the conspiracy.
Honest services fraud is defined in federal statute 18 U.S.C. §1346 as a scheme to defraud another of the intangible right to honest services through a scheme to violate a fiduciary duty by bribery or kickbacks. A fiduciary duty is a duty to act only for the benefit of the public, an employer, shareholders, or a union.
Federal courts have generally recognized two main areas of public-sector honest service fraud: bribery (direct or indirect), where a public official was paid in some way for a particular decision or action, and failure to disclose a conflict of interest, resulting in personal gain.
The essential elements of conspiracy to commit mail fraud or wire fraud in violation of 18 U.S.C. § 371, are (1) an agreement between two or more persons; (2) to commit mail fraud or wire fraud; and (3) an overt act committed by one of the conspirators in furtherance of the conspiracy.
What is Honest Services Fraud? Honest services fraud is defined in US Code Title 18 Section 1346, the same statute used to define federal mail fraud and wire fraud. It is ?a scheme or artifice to deprive another of the intangible right of honest services.?
Generally defined, mail fraud occurs when someone uses the mail system in an attempt to perpetrate a fraudulent scheme. The fines and prison time a person charged with this federal crime faces are daunting to say the least.