: October 16, 2009 (see below)
In his New York Times legal affairs column
today, Adam Liptak focused on what is known as "honest services
fraud," which is actually part of a definition of "scheme or artifice to
defraud" in the federal mail and wire fraud statute (before reading on,
please read my earlier blog
on the meaning and history of honest services fraud).
As I noted in the earlier blog post, Justice Scalia recently dissented
against the Supreme Court's decision not to take an honest services
fraud case, which involved Chicago officials. Soon after, the Court
chose to take two honest services cases, one involving corporate fraud,
the other involving a state legislator's failure to disclosure that he
solicited work with a company with business before the legislature (U.S. v. Weyhrauch
9th Cir. 2008).