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.
One Comment
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.