Public and Private Honest Services Fraud: Are They Diverging?
July 17, 2020 | New York Law Journal
Since the Supreme Court’s decision in McDonnell v. United States, 136 S. Ct. 2355 (2016), the “official act” has been a hotly contested issue in public corruption prosecutions. McDonnell has led defendants to argue that the “official act” requirement applies to other crimes – not simply honest services fraud and Hobbs Act violations – and to private, not just public, corruption. In this article, we discuss cases that have addressed this question, focusing on a recent decision from Chief Judge Colleen McMahon in the Southern District of New York.
Public and Private Honest Services Fraud: Are They Diverging? (pdf | 269.46 KB)