United States v. Jefferson

Facts

1. 7 Wire transmission for execution of scheme satisfied pleaded

   The specific nature of the five alleged wire communications is not material to the analysis called for by defendant’s motion

2. 7 Wire transmission for execution of scheme satisfied pleaded

   Counts 5-10 each also allege a specific wire communication transmitted or caused to be transmitted by defendant in furtherance of that scheme.

3. 8 Separate section 1346 theory; outside property-fraud claim satisfied pleaded

   The Indictment alleges that beginning in or about January 2001, defendant used his office to advance the business interests of various individuals and corporations in return for money and other things of value paid either directly to defendant or via ‘nominee companies,’ ie., companies ostensibly controlled by one of defendant’s family members, but in fact controlled by defendant himself.

4. 8 Separate section 1346 theory; outside property-fraud claim satisfied pleaded

   It follows that an indictment will sufficiently charge a violation of the honest services wire fraud statute where it alleges that a defendant devised a scheme to solicit or receive bribes and transmitted a wire communication in furtherance of that scheme.

5. 8 Separate section 1346 theory; outside property-fraud claim satisfied pleaded

   In this case, Counts 5-10 allege that this defendant devised a scheme to deprive others of defendant’s honest services “by knowingly and corruptly demanding, seeking, receiving, accepting, and agreeing to receive and accept things of value” — in other words, by soliciting or receiving bribes.

6. 8 Separate section 1346 theory; outside property-fraud claim satisfied pleaded

   Accordingly, Counts 5-10 sufficiently allege a violation of the honest services wire fraud statute.

7. 8 Separate section 1346 theory; outside property-fraud claim satisfied pleaded

   It follows that an indictment will sufficiently charge a violation of the honest services wire fraud statute where it alleges that the defendant intentionally failed to disclose the existence of a direct interest in a matter on which he is “passing.”

8. 8 Separate section 1346 theory; outside property-fraud claim satisfied pleaded

   The Indictment further alleges that defendant failed to disclose the existence of his interest when performing the official acts for which he had solicited and received bribes.

9. 8 Separate section 1346 theory; outside property-fraud claim satisfied pleaded

   As defendant notes, the honest services fraud allegations contained in Counts 5-10, and referenced in Counts 1, 2, and 16, explicitly frame the alleged deprivation of honest services as a consequence of defendant’s alleged solicitation and receipt of bribes.

10. 8 Separate section 1346 theory; outside property-fraud claim satisfied pleaded

    Counts 5-10 adequately allege the statutory elements of an honest services fraud offense, and the government is entitled to pursue a theory of the offense at trial that is predicated on alleged conflicts of interest in defendant’s performance of official duties.

11. 8 Separate section 1346 theory; outside property-fraud claim satisfied pleaded

    Mandel is more accurately read to recognize honest services fraud predicated on a conflict of interest with regard to an official’s official acts, including those affecting decisions that may be beyond the official’s own decision-making authority.