Honest Services Fraud

News & Analysis as of

Supreme Court Update: Mcdonnell V. United States (15-474) And Voisine V. United States (14-10154

Greetings, Court Fans! Though most of the attention coming out of the final decision day of OT15 has focused on Whole Woman's Health v. Hellerstedt (15-274), where a 5-3 majority held that a Texas law regulating abortion...more

Supreme Court Unanimously Reverses McDonnell Conviction

Earlier this week the United States Supreme Court handed former Virginia Governor Bob McDonnell a big victory by reversing his 2014 conviction for “accepting payments, loans, gifts, and other things of value from [Johnnie]...more

Supreme Court Narrows Interpretation Of Federal Corruption Statute

On June 27, the U.S. Supreme Court vacated the conviction of former Virginia Governor Robert McDonnell, narrowing the definition of an “official act” in federal corruption cases. McDonnell v. United States, No. 15-474 (2016)....more

Supreme Court Overturns Former VA Governor’s Conviction Based on Narrowed Federal Bribery Definition

On June 27, 2016, in an 8-0 decision, the U.S. Supreme Court reversed and remanded to the Fourth Circuit the conviction of former Virginia Governor Robert McDonnell on honest services fraud charges and charges that Governor...more

Court Holds Drafting Contracts Violates Sarbanes-Oxley

Section 802 of the Sarbanes-Oxley Act added the following provision to 18 U.S.C. § 1519: “Sec. 1519. Destruction, alteration, or falsification of records in Federal investigations and bankruptcy - Whoever knowingly...more

Supreme Court Decides McDonnell v. United States

On June 27, 2016, the Supreme Court of the United States decided McDonnell v. United States, No. 15-474, holding that under the Hobbs Act and federal honest services fraud statute, the “official act” that is exchanged for...more

Public Officials Face Greater Scrutiny in Wake of McDonnell Decision

Governor McDonnell’s attorneys put it this way: The Governor’s acts weren’t “official” because “none were any more remarkable than acts that governors unthinkingly take hundreds of times weekly for countless constituents,...more

'Honest Services' Statute

Former Virginia Governor Bob McDonnell may not have violated any Virginia statutes, yet he and his wife both face criminal prosecution under the federal “Honest Services” statute On Tuesday, January 21, 2014, former...more

The D.C. Circuit Expands the Scope of Honest-Services Fraud and Illegal-Gratuities Prosecutions in Ring v. United States

The U.S. Court of Appeals for the D.C. Circuit in United States v. Ring recently upheld a conviction under the public sector “honest-services” fraud statute and the “illegal-gratuities” statute. Notably, the court: (1)...more

White Collar Watch - March 2013

In This Issue: - Eleventh Circuit Holds that Production of Foreign Bank Account Records May be Compelled in Criminal Investigation Under Required Records Exception to Fifth Amendment Privilege - Supreme Court...more

When Does A Legal Campaign Contribution Become An Illegal Bribe?

On February 14, 2013, in United States v. Terry (6th Cir., No. 11-4130, 2/14/13), the Sixth Circuit Court of Appeals upheld the conviction of an Ohio state judge on charges of honest-services fraud, holding that an otherwise...more

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