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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.
Ing to the federal statute, honest services fraud is "a scheme or artifice to deprive another of the intangible right of honest services." The federal law is in 18 U.S.C. 1346. This part of the U.S. Code prescribes many elements for this federal crime.
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.
1346 as a scheme to defraud another of the intangible right to honest services using a scheme to violate a fiduciary duty by bribery or kickbacks. So, what does a ?fiduciary duty? mean? It's a duty to act only for the benefit of the public, employer, shareholders, or a union.
An example of honest services fraud would include a mayor, an offender, who accepted a bribe from a building contractor in exchange for awarding the building contractor a city contract over competing contractor bids.
Fraudulent intent is shown if a representation is made with reckless indifference to its truth or falsity.? Intent can be reasoned from statements, conduct, victim testimony, and complaint letters, all of which can help demonstrate that the perpetrator knew that victims were being misled.
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.