What 18 U.S.C. 1346 - Honest Services Fraud (Definition of Scheme or Artifice to Defraud) requires
Title 18 United States Code Section 1346 provides in full: for the purposes of this chapter, the term scheme or artifice to defraud includes a scheme or artifice to deprive another of the intangible right of honest services. Added by Public Law 100-690, title VII, Section 7603(a), on November 18, 1988 (102 Stat. 4508), the section operates as a definitional expansion of chapter 63 of title 18, meaning it extends the mail fraud statute (18 U.S.C. 1341) and the wire fraud statute (18 U.S.C. 1343) to schemes that deprive victims of the intangible right of honest services rather than money or property. In Skilling v. United States, 561 U.S. 358 (2010), the Supreme Court of the United States confined honest-services fraud under Section 1346 to schemes involving bribes or kickbacks, rejecting broader theories such as undisclosed self-dealing standing alone as unconstitutionally vague. Honest-services prosecutions therefore target bribery and kickback schemes involving employees against employers, fiduciaries against principals, and public officials against citizens, executed through use of the mails or interstate wires. Organizations manage honest-services exposure through anti-bribery and anti-kickback controls, conflict-of-interest disclosure regimes, gift and gratuity policies, third-party intermediary diligence, and escalation and investigation procedures, coordinated with adjacent regimes including the mail and wire fraud statutes, the federal programs bribery statute and the Foreign Corrupt Practices Act.
Pillar: Financial Crime, AML & Sanctions · Authority: United States Congress; 18 U.S.C. 1346, added by Public Law 100-690, title VII, Section 7603(a), November 18, 1988, 102 Stat. 4508; authoritative text published by the US Government Publishing Office (govinfo) and the Office of the Law Revision Counsel; construed by Skilling v. United States, 561 U.S. 358 (2010) · Version: 1.0.0 · Last updated:
Primary source: https://www.govinfo.gov/content/pkg/USCODE-2023-title18/html/USCODE-2023-title18-partI-chap63-sec1346.htm
SHA-256 integrity: 93084535691e7c07f9143e36aecf6e2183ba19776e8fa496c8f1d573378223bf
Primary Citations — 6 traced to source
- 18 U.S.C. 1346 (verbatim): For the purposes of this chapter, the term scheme or artifice to defraud includes a scheme or artifice to deprive another of the intangible right of honest services. Official text at https://www.govinfo.gov/content/pkg/USCODE-2023-title18/html/USCODE-2023-title18-partI-chap63-sec1346.htm
- 18 U.S.C. 1346 source credit: added by Public Law 100-690, title VII, Section 7603(a), November 18, 1988, 102 Stat. 4508
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