'Honest Services At Risk'

Mondaq Business BriefingUnited States Law Articles in English (2010)

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'Honest Services At Risk'

In 1987, with its decision in McNally v. United States, the Supreme Court limited the broad use of one of the federal prosecutors' main statutes when they decided that "[t]he mail fraud statute clearly protects property rights,...[it] does not refer to the intangible right of the citizenry to good government." That decision invalidated the Government's often used theory that a defendant who deprived the citizens of the intangible right to honest and impartial services has committed fraud. Cong...

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