Honest Services Fraud: Or How To Jail Someone For Nothing

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To say that this law prior to the Supreme Court striking it down is a bad law is to give voice to it being a law at all. The “honest services fraud” law was used and abused by the Obama administration to attack political enemies until the Supreme Court called it so vague as to be UN-Constitutional. Now I could lay this pathetic piece of lawful tripe strictly on the Faculty Lounge Administrations lap but it appears they have a lapdog in the name of Mark Kirk, the Senator from Obama’s home state of Illinois who is trying to redefine it and push it through the Congress, we cannot allow that to happen. Tyranny comes in many forms, the most abusive being laws that no honest American could ever envision entrapping them. Imprisionment Of Innocent Citizens

Since the Presidential election of 2008, something has been happening right under the noses of Americans, with no attention, no fanfare, no publicity, and outside the realm of consciousness for most citizens. And that is the imprisonment of innocent citizens using an obscure term in the legal community known as ‘Honest Services Fraud.’

The law concerning ‘Honest Services Fraud’ is so vague that the Department of Justice and Eric Holder’s cabal of Chicago prosecutorial henchmen have used it to charge citizens with the most outlandish and unheard-of ‘crimes.’

For example, have you ever taken longer for your lunch break than the company allows? Have you ever made a personal phone call at work on company time? Have you ever used your computer at work to send personal email? Have you ever had a contract dispute with someone?

If so, you could be charged with a federal crime under ‘Honest Services Fraud.’

And that is precisely what Obama, Holder, and company have been doing.

Since the Supreme Court limited the definition of “honest services” fraud in last year’s landmark Skilling v. U.S., the Obama Administration has been looking for a way to restore essentially unlimited prosecutorial discretion to bring white-collar cases. Last fall Assistant Attorney General Lanny Breuer told a Senate committee that Congress should act to “remedy” the Court’s decision. Three bills moving through the House and Senate would try to do so, expanding the reach of prosecutors to go after unpopular politicians or businesses whom they can’t pin with a real crime.

In Skilling, the Supreme Court ruled that the honest services statute was “unconstitutionally vague” and restricted its application to clear cases of bribery or kickbacks. The new legal template of Senate bills sponsored by Judiciary Chairman Patrick Leahy, the liberal Democrat, and Illinois Republican Mark Kirk would end run that change, transforming many state or local ethics violations into federal felonies any time there is an allegation of undisclosed “self-dealing.” A related House bill would expand the reach of mail- and wire-fraud statutes and loosen the requirements for proving federal bribery.

Let me dip into my book of sayings (when you get older, you have lots of sayings) “a grand jury can indict a ham sandwich” because as I like to say, those sayings are there because there is truth in them. The most honest person in America due to the over 4000K federal laws, not including, state and local laws, can be and probably are doing something illegal at any one time. It is not going to be enough anymore to just vote out a Party, We The People must get involved at each and every level of our government to stop the tyrannical nature of bullies in lawyers clothing. It is the overflowing lawyers in our litigious society that has gotten at to this moment in time whereby we save this Country or it dies.

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mriggio
August 29, 2011 8:04 am

Great piece Jaded! Kirk is only doing what we who campaigned for him expected, being a squish. Some of his other actions have been OK though, and light-years beyond what his opponent, the mob-banker Giannoulias would have done. The honest services law is one of the charges they nailed on former Governor George Ryan, later thrown out. I didn’t follow Ryan’s case at all, figuring Illinois Governor=felon, but the honest services thing is over the top. If Ryan was corrupt, what did he do with all the money? No matter, it’s moot; at least they let him out of the… Read more »