I find it fascinating that, although kickbacks (also known as "thanks giving") are one of the central
elements of unethical conduct in local governments, I have only
mentioned them three times
in my blog posts.
Kickbacks are a dirty secret for one principal reason: they are
difficult to prove. Along with bribes, they require hard-to-obtain
to tie money to conduct. Coincidentally, these are the two forms of
conduct that the Supreme Court, in Skilling
, said the federal honest services fraud statute could be
applied to (see my
on this decision).