Tim Sandefur on “honest services fraud”

by Walter Olson on April 23, 2010

The law is dangerous because it’s vague (via Damon Root/Reason “Hit and Run”).

{ 1 comment }

1 Mayer 04.25.10 at 11:08 pm

Mr. Sandefur makes a very good point- but the question is the prosecution of fraud is always difficult. It defies codification, because as soon as one thing is codified as unlawful, people will find a way to get to the same result in a slightly different way. Hence the “honest services” provision, as a way to get at people that “clearly” defrauded others, but no provision was available to prosecute them. I’d be curious as to what a more definite law would look like.

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