Scope Of 'Honest Services' Fraud Remains Uncertain
March 19, 2014, 10:39 PM EDT
Law360, New York (March 19, 2014, 10:39 PM EDT) -- In a recent and significant ruling addressing criminal fraud, the Second Circuit attempted to further define what constitutes “honest services” fraud after the U.S. Supreme Court’s decision in Skilling v. United States. In Skilling, the Supreme Court held that the government could no longer employ the “honest services” theory of fraud unless it could establish the existence of a bribe or kickback.
In its decision in United States v. DeMizio, the Second Circuit held that to be convicted of “honest services” fraud an individual defendant need...