A Comprehensive Guide to Honest Services Fraud

How Does An Honest Services Fraud Work?

The federal statute defines “honest services” as a person’s right to expect public and private officials and employees to honor their duty. 

Honest services fraud occurs when there is:

1. Deprivation of honest services: It means that the individual or business committed an act that resulted in the deprivation of honest services owed to another. 
2. Bribery or kickbacks: It means that the officials or employees received something of value for depriving those services. 
3. Intent to defraud: This means that the individual or the business intended to defraud another.

A person with a fiduciary duty to another is legally obligated to honor it. This forbids them from taking advantage of their position for personal gain.

What Should You Do if You Are Charged With Honest Services Fraud?

Both public officials and private employees can commit honest services fraud and can involve a wide range of conduct, such as:

• Accepting bribes
• Embezzlement
• Kickbacks

This crime can lead to high fines and prison time. It can also hurt your job and personal life.

Taking immediate action by contacting an experienced attorney may make a big difference. Your attorney can explain your rights and develop a strategy for your defense. They can also guide you regarding how and when to cooperate with law enforcement.

Penalties for Honest Services Fraud

The penalties for honest services fraud can be severe. Possible penalties include any or a combination of the following:

• Hefty fines

• Imprisonment with a maximum sentence of up to 20 to 30 years

• Restitution to repay any damages caused by the crime

Prison sentences could be lengthy. Those convicted can be penalized for each separate offense. This includes each individual telephone call or email, causing the cumulative prison sentence to be quite long.

Consequences of Conviction for Honest Services Fraud

The consequences of a conviction for honest services fraud can be life-altering. Individuals may lose their jobs, and their professional reputations may be irreparably damaged. They may also have trouble securing future employment due to their criminal record. 

It can also impact their relationships with family and friends.

What Are the Most Common Defenses Against Honest Services Fraud Charges?

The most common defenses against honest services fraud charges include the following:

• Lack of intent: It means that the defendant did not have the intent to defraud another and may have been acting in good faith.
• Lack of evidence: There is insufficient evidence to prove that the defendant committed the crime.
• Entrapment: It refers to a situation where the defendant was induced or coerced by law enforcement.

If you are dealing with vague white-collar crimes, it might be beneficial to speak with a lawyer.

How Can a Lawyer Help?

Being charged with honest services fraud can be scary. It is complex and requires special legal knowledge. Therefore, hiring a reputable criminal defense attorney is vital. They can:

• Help you understand your charges.
• Review the evidence against you.
• Protect your legal rights and provide guidance throughout the legal process.
• Identify any weaknesses in the case and develop a strong legal defense strategy for you. For example, they can explain the consequences of a plea bargain versus going to trial.
• Explain the possible consequences of a conviction and describe the defenses available in your case.
• Negotiate with prosecutors to potentially reduce or dismiss charges.