"Honest Services" Aspect of Federal Mail Fraud Statute Needs Clarity, But Won't Get It
A Supreme Court note:
Sorich v. U.S., 2009 WL 425807 (2/23/09) - Justice Scalia dissents from a denial of a petition for certiorari. In his opinion, he lays out how the "honest services" language of the mail fraud statute has been interpreted differently by the circuits with no coherent limiting principle. Some circuits' interpretation would allow a conviction for a salaried employee phoning in sick to go to a ball game [Ouch], the justice says. Some require that a state law be violated. Others require that there be private gain. The justice laments that the language is so broad it does not give fair notice under the Due Process Clause about what conduct it covers. He notes there may be mail fraud convictees who have acted improperly, but admonishes: "bad men, like good men, are entitled to be tried and sentenced in accordance with the law." Amen.
Sorich v. U.S., 2009 WL 425807 (2/23/09) - Justice Scalia dissents from a denial of a petition for certiorari. In his opinion, he lays out how the "honest services" language of the mail fraud statute has been interpreted differently by the circuits with no coherent limiting principle. Some circuits' interpretation would allow a conviction for a salaried employee phoning in sick to go to a ball game [Ouch], the justice says. Some require that a state law be violated. Others require that there be private gain. The justice laments that the language is so broad it does not give fair notice under the Due Process Clause about what conduct it covers. He notes there may be mail fraud convictees who have acted improperly, but admonishes: "bad men, like good men, are entitled to be tried and sentenced in accordance with the law." Amen.
posted by Anonymous at 10:41 AM
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