Honest Services Fraud Quiz

Honest services fraud involves depriving the public of their intangible right to honest government through schemes that consist of a bribe or kickback in exchange for the defendant's official services. The defendant must knowingly participate in the scheme with the intent to defraud, and the act must be material. Additionally, the use of the mails or wires to carry out the scheme is a requirement.

An official act in the context of honest services fraud involves a decision or action on any question, matter, cause, suit, proceeding, or controversy involving a formal exercise of governmental power. Examples include initiating research, exerting pressure on another, and dealing with government contracts. However, routine constituent services such as setting up a meeting or calling another public official may not qualify as an 'official act'.

Honest Services Fraud requires proof of kickbacks or bribes. The exchange may be express or implied, but it must be shown that the defendant knowingly participated in a scheme involving a bribe or kickback in exchange for their official services.

<p>In Skilling v. US, the Supreme Court held that mere self-dealing without proof of quid pro quo is insufficient to support a conviction for honest services fraud. This case established the requirement for proof of kickbacks or bribes, and clarified that misrepresenting fiscal health to stockholders does not necessarily constitute honest services fraud.</p> Signup and view all the answers

<p>To establish honest services fraud, it must be proven that the defendant knowingly participated in a scheme to deprive a victim of their intangible right to 'honest services,' consisting of a bribe or kickback in exchange for the defendant's official services, with the intent to defraud. The act must be material, and the use of the mails or wires to carry out the scheme is also a requirement.</p> Signup and view all the answers