Arizona Jury Instruction - Wire Fraud - Depriving Another Of Intangible Right Of Honest Services
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Overview of Mail and Wire Fraud Statutes15 16 18 U.S.C. § 1341. The statute also prohibits use of the mails in relation to ?any counterfeit or spurious coin, obligation, security, or other article, or anything represented to be or intimated or held out to be such counterfeit or spurious article[.]? Id.
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.
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.
The honest services fraud theory ? which theorizes that an individual whose official acts were influenced in some unlawful way that deprives the government or public of the "intangible right" to his/her honest services ? has been a favorite of federal prosecutors.
§ 1343 criminalizes the devising of (or the intent to devise) any scheme to defraud or to acquire money or property under false pretenses, by use of some form of electronic communication (wire, radio, television, internet, or even instant messages and text messages) in interstate or foreign commerce.
To be guilty of violating the honest services fraud statute, you must owe a duty of honest service to someone and have deprived that person or entity of the duty owed by accepting a bribe or kickback from another person.
§1346. Definition of "scheme or artifice to defraud" For the purposes of this chapter, the term "scheme or artifice to defraud" includes a scheme or artifice to deprive another of the intangible right of honest services.
United States, 2010) Thus, honest services fraud involves three entities: Someone offering a bribe or kickback; Someone accepting the bribe or kickback; and. A victim?someone deprived of the intangible right of honest services due to the bribe or kickback.