Maryland Jury Instruction - Mail Fraud - Depriving Another Of Intangible Right Of Honest Services
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FAQ
Honest Services fraud under Title 18 U.S. Code 1346 is a federal crime involving the misuse of an individual's position or authority for personal gain or advantage. It can be committed by public officials, corporate officers, and private individuals with fiduciary duties to another person or entity. Since 18 U.S.C.
Title 18 of the United States Code is the main criminal code of the federal government of the United States. The Title deals with federal crimes and criminal procedure.
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.
Mail Fraud is punishable by imprisonment for 20 years, a fine, or both. There are two subsets of Mail Fraud punishable by a $1,000,000 fine, 30 years' incarceration, or both.
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.