Oral Arguments: Black v. US and Weyhrauch v. US

White Collar Crime Prof Blog
12.08.09
Tim O’Toole discusses this morning's arguments before the Supreme Court raised important questions related to a species of federal mail and wire fraud known as "honest services" fraud. The statutory basis for this theory is 18 U.S.C. 1346, a 28 word law passed in 1988 that essentially says that depriving someone of the intangible right of honest services can be a form of wire or mail fraud. The law has engendered considerable confusion in the federal courts of appeal, but the Supreme Court had never interpreted the statute before this term. This morning's arguments were the first glimpse into what the Supreme Court's thinks the honest services fraud statute means and whether the Court thinks that the statute is unconstitutionally vague.
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