Mail or Wire Fraud - Protected Interests: Honest Services (revised 2016)
About this form
The Mail or Wire Fraud - Protected Interests: Honest Services form is a legal template designed to outline the duties of public officials and employees to provide honest and faithful services to the public. This form specifically addresses situations where a public official breaches this duty by engaging in fraudulent activities, such as accepting bribes or kickbacks. Unlike other fraud-related forms, this one focuses on the intangible right of honest services as defined by federal law.
Form components explained
- Definition of the duty of honest services owed by public officials.
- Explanation of actionable violations, such as accepting bribes or kickbacks.
- Legal precedents and cases illustrating honest services fraud.
- Criteria for establishing a quid pro quo relationship.
- Clarification of what constitutes bribes and kickbacks.
- Instructions for jury considerations in related trials.
When to use this form
This form should be utilized in legal contexts where there is a need to prove that a public official or employee has engaged in acts that deprive the public of their right to honest services. It may arise in cases involving bribery or kickbacks where the prosecution needs to establish a connection between these acts and the official's duty to serve the public interest faithfully.
Who this form is for
- Prosecutors bringing cases against public officials accused of corruption.
- Defense attorneys representing individuals charged with honest services fraud.
- Legal professionals seeking to understand the framework surrounding honest services fraud.
- Students and scholars researching public integrity and legal standards.
How to prepare this document
- Identify the public official or employee involved in the alleged fraud.
- Specify the nature of the duty owed to the public by the official.
- Detail the alleged actions taken, including any acceptance of bribes or kickbacks.
- Provide evidence or references to precedents supporting the case of honest services fraud.
- Outline the quid pro quo evidence sufficient to establish fraud.
Does this document require notarization?
Notarization is not commonly needed for this form. However, certain documents or local rules may make it necessary. Our notarization service, powered by Notarize, allows you to finalize it securely online anytime, day or night.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Common mistakes
- Failing to establish a clear connection between the official's actions and the duty owed to the public.
- Omitting essential elements of quid pro quo agreements.
- Not providing sufficient evidence from previous cases to support claims.
Benefits of using this form online
- Convenient access to legally vetted templates prepared by licensed attorneys.
- Editable format allowing for customization based on specific cases.
- Time-efficient preparation, eliminating the need for lengthy in-person consults.
Legal use & context
- This form is legally recognized under federal law governing mail and wire fraud.
- It is essential for cases involving public corruption and breaches of duty.
- The nuances of honest services fraud require careful interpretation of statutory language.
Key terms explained
- Honest services: The ethical obligation of public servants to act in the best interest of the public without self-serving motives.
- Quid pro quo: A Latin phrase meaning "something for something," referring to an exchange of goods or services, where one transfer is contingent upon the other.
- Bribery: Offering, giving, receiving, or soliciting something of value to influence the actions of an official.
- Kickback: A payment made to someone in return for facilitating a transaction or appointment, often considered illegal.
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FAQ
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.
If you're convicted of honest services fraud, you can now face the same penalties as with other types of mail, wire, or health care fraud, up to 20 years in prison and sometimes up to 30 years. Let's review this federal law in more detail below.
The essential elements of conspiracy to commit mail fraud or wire fraud in violation of 18 U.S.C. § 371, are (1) an agreement between two or more persons; (2) to commit mail fraud or wire fraud; and (3) an overt act committed by one of the conspirators in furtherance of the conspiracy.
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.
Federal courts have generally recognized two main areas of public-sector honest service fraud: bribery (direct or indirect), where a public official was paid in some way for a particular decision or action, and failure to disclose a conflict of interest, resulting in personal gain.
The essential elements of conspiracy to commit mail fraud or wire fraud in violation of 18 U.S.C. § 371, are (1) an agreement between two or more persons; (2) to commit mail fraud or wire fraud; and (3) an overt act committed by one of the conspirators in furtherance of the conspiracy.
What is Honest Services Fraud? Honest services fraud is defined in US Code Title 18 Section 1346, the same statute used to define federal mail fraud and wire fraud. It is ?a scheme or artifice to deprive another of the intangible right of honest services.?
Generally defined, mail fraud occurs when someone uses the mail system in an attempt to perpetrate a fraudulent scheme. The fines and prison time a person charged with this federal crime faces are daunting to say the least.
