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Understanding Honest Services Fraud Charges

In North Carolina, federal prosecutors can charge not only public officials with honest services fraud, but also the average citizen who stands in a fiduciary capacity. Whether you are a politician, someone who holds a public office or a person holding any fiduciary position, the charge is the same and the punishment can be severe. If you face charges of honest services fraud in North Carolina, it is important to speak with an experienced federal criminal defense attorney before speaking with law enforcement or anyone else.

The experienced criminal defense lawyers of Randall & Stump, PLLC, have years of experience handling white collar crime charges, including honest services fraud, in federal courts throughout North Carolina. We can help you understand the charges you face, your rights and all potential defenses that may be available.

Effective, Aggressive Criminal Defense Attorneys: 704-286-6942 or toll free at 800-565-1435

Understanding Honest Services Fraud In North Carolina

Honest services fraud came into existence by means of one sentence in 18 U.S.C. § 1346, which covers mail and wire fraud. The sentence reads, "For the purposes of this chapter, the term scheme or artifice to defraud includes a scheme or artifice to deprive another of the intangible right of honest services."

Generally, a violation for honest services fraud is easier to prove for public officials than for private individuals. An example of honest services fraud would be a politician taking either a bribe or kickback to use his or her influence to meet the expectation of the person paying the bribe. The federal government, in charging the offense, would say that the citizens were deprived of the politician's honest services when he acted for his own benefit, rather than the citizenry, when he took the bribe.

While a private individual, standing in a fiduciary capacity, can be charged with the same bribery or other offense, a conviction can be more difficult because courts typically apply a different test to determine whether the conduct was truly honest services fraud or not.

Randall & Stump, PLLC, Can Defend You Against Charges Of Honest Services Fraud

When facing criminal accusations — whether you are under a pre-charge investigation or have already been charged — you need to work with an attorney with the skill and expertise to aggressively defend your case. Randall & Stump, PLLC, is here to provide you with top-notch legal representation.

Contact us online or by telephone at 704-286-6942 or toll free at 800-565-1435 to set up a free initial consultation with one of our skilled honest services fraud defense lawyers.