{"id":352083,"date":"2023-08-15T15:40:38","date_gmt":"2023-08-15T20:40:38","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/criminal\/criminal-charges\/honest-services-fraud.html"},"modified":"2025-05-30T15:39:00","modified_gmt":"2025-05-30T20:39:00","slug":"honest-services-fraud","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-charges\/honest-services-fraud.html","title":{"rendered":"Honest Services Fraud"},"content":{"rendered":"\n
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Honest Services Fraud<\/h1>\n
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\n By Eric Harvey, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Private and public service providers generally owe a legal duty to stay honest. An honest services fraud scheme breaks this duty, usually in exchange for money. The people who should have fairly received the service suffer some kind of harm because of the scheme.<\/p>\n\n <\/div>\n\n

Bribery and similar forms of corruption can make a service dishonest. They might specifically aim to deny fair service to a particular group or person. Or, they may incentivize helping some people more favorably than others. In many cases, this dishonesty rises to a criminal level. <\/p>\r\n

In 2019, the U.S. Department of Justice<\/a> charged dozens of people in a nationwide conspiracy with cheating on elite college entrance exams and admission requirements. The DOJ charged more than 50 people, including actors, lawyers, and wealthy business owners, with conspiracy, mail and wire fraud, money laundering, racketeering, and "honest services fraud."<\/p>\r\n

Fraud prosecutions can be too difficult to manage yourself. Federal prosecutors will often try to secure the harshest penalties. Get help from a criminal defense attorney<\/a> today.<\/p>\r\n

What Is Honest Services Fraud?<\/h2>\r\n

According to the federal statute<\/a>, honest services fraud is "a scheme or artifice to deprive another of the intangible right of honest services." The federal law is in 18 U.S.C. 1346. This part of the U.S. Code prescribes many elements for this federal crime.<\/p>\r\n

This law intended to curtail government corruption, but the language in the statute doesn’t limit itself to government officials and can include private citizens. There’s also no definition of "honest services," no limitation on the statute’s scope, and no provision for due process<\/a> under the law. It’s up to the courts to define and limit the statute. This article examines the U.S. Supreme Court’s interpretation of the honest services fraud statute, with examples of its application over time.<\/p>\r\n

Honest services fraud typically requires at least three people:<\/p>\r\n