Justices to Weigh Honest-Services Law

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An unusual coalition of groups has come together to criticize the federal government’s increasing reliance on a statute that is commonly used but little understood: honest-services fraud.

The honest-services law, on the federal books since 1988, broadly requires that public and corporate officials act in the best interests of their constituents or employers.

It has become an important tool for federal prosecutors, who used it successfully against the lobbyist Jack Abramoff and many of his associates. It is an element of the cases against former Gov. Rod Blagojevich of Illinois; the former New York State Senate majority leader, Joseph L. Bruno; and former Gov. Donald E. Siegelman of Alabama.

Prosecutors have described the law as a valuable instrument against corruption at a time when officials have become increasingly sophisticated at covering their tracks.

But critics say it is used too broadly, is applied inconsistently, and too often criminalizes behavior that fails to merit the full weight of federal prosecution. The Supreme Court will hear three cases concerning the honest-services law in this term, with two coming up for oral argument on Tuesday.

http://www.nytimes.com/2009/12/07/us/07honest.html?_r=1&th&emc=th

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1. it is not applied too broadly, that's for sure. otherwise, 450 members

of the U.S. Congress would be under indictment and so would most other federal, state, and local officials.