US v. Milovanovic, No. 08-30381

Honest Services Mail Fraud Indictment Dismissal Reversed

In US v. Milovanovic, No. 08-30381, a prosecution for "honest services" mail fraud, involving the corrupt issuance of commercial drivers' licenses in the State of Washington, the court reversed the dismissal of the indictment where honest services mail fraud did not require proof of a fiduciary relationship, and did not require damages to the money or property of the victim.

As the court wrote:  "The district court dismissed the indictment before trial, so we describe the facts as though the indictment had been proved, which of course is not the case. The question is whether the charges, if proved, would amount to the crime charged."

Related Resources

• Read the Ninth Circuit's Decision in US v. Milovanovic, No. 08-30381