FEDERAL LAW: FRAUD-HONEST SERVICES WIRE FRAUD
Honest services fraud occurs when an employee deprives his employer of its right to have its affairs conducted “free from deceit, fraud, dishonesty, conflict of interest, and self-enrichment,” and consistent with the employee’s fiduciary duties to the employer. United States v. Woodward, 149 F.3d 46, 54 (1st Cir. 1998).
In cases involving public officials, the theory relies on the idea that “a public official acts as ‘trustee for the citizens and the State… and thus owes the normal fiduciary duties of a trustee, e.g., honesty and loyalty’ to them.” United States v. Silvano, 812 F.2d 754, 759 (1st Cir. 1987) (quoting United States v. Mandel, 591 F.2d 1347, 1363 (4th Cir. 1979)).
The Court agrees with defendant that when government theory is that public official accepted money in exchange for influence, an implicit quid pro quo is required. But it need not be explicit, and jury instructions here were sufficient.
United States v. Kincaid-Chauncey (9th Cir., 2/20/09, 06-10544) 09 C.D.O.S. 2006
