Honest Services Fraud And The Antitrust Division

Law360, New York (September 17, 2009, 1:36 PM EDT) -- The Antitrust Division of the U.S. Department of Justice, although best known for prosecuting criminal violations of the Sherman Act, also regularly uses the fraud statutes to prosecute competition crimes.

One such non-Sherman Act tool is the honest services fraud statute (18 U.S.C. § 1346) used by the division to prosecute commercial bribery and kickback schemes.

These prosecutions usually target conduct arising out of a breach of an employees’ duty owed to his employer. But the statute is not clear as to which such breaches are...
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