Contractors Can Face Honest Services Fraud Charges: 9th Circ.

Law360, New York (April 24, 2012, 9:05 PM EDT) -- Finding independent contractors can be charged with honest services fraud, a Ninth Circuit en banc ruling unanimously revived an indictment Tuesday charging six in an alleged Washington drivers license bribery scheme.

The appeals court found that under the U.S. Supreme Court's 2010 ruling in Skilling v. U.S., a breach of fiduciary duty is necessary for honest services fraud, but the duty doesn't have to be a fiduciary duty in the most formal, legal sense. The ruling overturned a district court decision dismissing the indictment for lack...
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