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 inMcNally
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.

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