9th Circ. Further Defines Honest Services Fraud

Law360, New York (December 3, 2010, 8:05 PM EST) -- A panel of the U.S. Court of Appeals for the Ninth Circuit has found that honest services mail fraud does not require a fiduciary duty on the fraudster’s part, laying down its stake in a debate that has split other circuits.

The U.S. Supreme Court has not said whether a fiduciary duty is an essential component of honest services mail fraud, and other circuits have come down on both sides of the fence, “so no decision we make can avoid a circuit split,” Judge Andrew Jay...
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