CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Tuesday, January 19, 2010

"The Honest Services Argument and the Culture of Deceit"

Bill Otis has this post at Crime and Consequences on the "honest services" fraud theory. In part:

The case is a conundrum for conservatives. On the one hand, it features a criminal statute whose breadth seems rife with opportunities for prosecutorial overreach -- and Big Government is nowhere more menacing than in its power to imprison those not in step. On the other hand, the slide toward a culture of dishonesty, in which deceptiveness and outright lying increasingly threaten the trust essential for commercial and civic life, is scarcely something conservatives can welcome.

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