Tim O’Toole comments on the honest services statute cases before the Supreme Court. “The problem is that the law says a scheme to defraud shall include the deprivation of the ‘intangible right of honest services,’ but nobody knows exactly what that means or what conduct it covers,” says O’Toole. “The circuit courts have been all over the map on the limiting principles that apply.” He argues that the law was originally intended for “the worst kind of conduct.” Instead, prosecutors use it today as “the lead charge, and often the only one.”