Can A Private Citizen Perform An Official Act?

This article discusses the importance of the "official act" requirement established in McDonnell v. United States, and how its logic should lead to a parallel requirement that private citizens should not be chargeable with the commission of official acts as part of a scheme to deprive the public of honest services.

11 minute read December 01, 2021 at 12:07 AM
By
Harry Sandick and George Fleming
Can A Private Citizen Perform An Official Act?

Over the last several decades, the Supreme Court has taken steps to limit the reach of honest services fraud prosecutions. As far back as the Supreme Court's decision in McNally v.

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