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In the Courts

By ALM Staff | Law Journal Newsletters |

Sixth Circuit Refuses to Extend Honest-Services Fraud Statute to Cover Other Intangible Rights

In United States v. Turner, No. 05-6326 (6th Cir. Aug. 31, 2006), the Sixth Circuit held that election fraud does not fall within the scope of honest-services fraud because although 18 U.S.C. ' 1346 addresses the deprivation of the intangible right of honest services, it does not apply to other intangible rights. The court also declined to apply 18 U.S.C. ' 1341 to election fraud under a 'salary fraud' theory.

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