Thursday, October 22, 2009

Third Circuit Rules in Honest Services Case

The honest services cases seem to be all over the place, with three before the United States Supreme Court this term.  The Third Circuit just added its voice to the mix with a decision in United States v. McHeehan.  The court addressed "honest services fraud as applied to the conduct of persons who are not public officials"  finding sufficient evidence in 6 counts and vacating the judgment in 7 counts. 7 other counts need to be re-examined by the lower court to see if they were tainted by the admission of evidence for the vacated counts. Commentary on this case will be provided in the next couple of days. For now, here's the decision - Download US v McGEEHAN (3rd Cir 102209)


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