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Maine 4.18.1346 Honest Services Fraud, 18 U.S.C. Sec. 1346

Category:
Federal - Jury Instructions - District Court - Criminal
State:
Maine
Control #:
ME-FEDDC-JURY-4-18-1346
Format:
Word
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Official Pattern Jury Instructions for Criminal Cases in Federal District Court of Maine. All converted to Word format. Please see the official site for addional information. http://www.med.uscourts.gov/pattern-jury-instructions

Maine 4.18.1346 Honest Services Fraud, 18 U.S.C. Sec. 1346 is a statute that prohibits any public official or private individual from using their position or influence to deprive another of honest services. This type of fraud occurs when an individual uses their influence to gain a benefit for themselves or another person, or to conceal or omit information, or to deceive another person for personal gain. Examples of this type of fraud include bribery, kickbacks, self-dealing, and other forms of corruption. There are two main types of Maine 4.18.1346 Honest Services Fraud, 18 U.S.C. Sec. 1346: the federal honest services fraud statute and the Maine honest services fraud statute. The federal honest services fraud statute is a federal law enforced by the Department of Justice, while the Maine honest services fraud statute is a state law enforced by the Maine Attorney General’s Office. Both statutes require proof of an intent to defraud, a material deprivation of honest services, and a nexus between the parties involved in the fraud.

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FAQ

Penalties for Honest Services Fraud Honest services fraud is a felony. It carries a maximum penalty of up to 20 years in state or federal prison and a fine of up to $250,000 for individuals, along with three years of supervised release. (In cases involving financial institutions, the maximum is 30 years.)

18 U.S.C. § 1349, entitled Attempt and Conspiracy, allows the government to prosecute cases where federal fraud was attempted but ultimately unsuccessful.

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.

Whoever, knowingly and with intent to defraud the United States, or any agency thereof, possesses any false, altered, forged, or counterfeited writing or document for the purpose of enabling another to obtain from the United States, or from any agency, officer or agent thereof, any sum of money, shall be fined under

The section provides for a penalty for simple assault of a fine, imprisonment for up to one year, or both, and a penalty in all other cases of a fine, imprisonment for up to eight years, or both.

§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.

Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful use any

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§1346, which defined "scheme or artifice to defraud" to include honest services fraud. Honest services fraud is a federal crime defined in the mail and wire fraud statute, U.S. Code Title 18 Section 1346.

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Maine 4.18.1346 Honest Services Fraud, 18 U.S.C. Sec. 1346
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