Should Using Facebook at Work be a Federal Crime?: The Third Circuit Applies Honest Services Fraud to Private Individuals in United States v. McGeehan



... Defense counsel should attempt to show that the defendant-victim relationship is akin to the BFTC-Navy relation-ship the Third Circuit determined was not subject to honest services fraud in McGeehan. ... The Supreme Court first held that the mail and wire fraud statutes did not cover intangible rights, such as the right to honest services, in McNally v. ... United States Courts continued to enforce citizens' right to honest services until the Supreme Court's 1987 decision in McNally v. ... While the Third Circuit declined to adopt either the materiality or the foreseeable harm standard, the court articulated how both standards should be applied within the Third Circuit. ... Assume Kevin is indicted for wire fraud for depriving his employer of its right to his honest services in violation of an amended Section 1346 that adopts the pre-Skilling interpretation of honest services fraud.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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