United States Second Circuit

Conspiracy to commit mail fraud and conspiracy to launder money counts held to be constitutionally infirm, because the "honest services" provision of mail fraud statute is void for vagueness as applied to the defendant, a contractor who paid laborers less than the state-mandated prevailing rate of wages.

Appellate Information

• Argued 11/01/2001
• Decided 03/22/2002
• Published 03/26/2002

Judges

• Before:  FEINBERG, JACOBS, CABRANES, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Lisa Fleischman, Assistant United States Attorney, Brooklyn, NY (Alan Vinegrad, United States Attorney for the Eastern District of New York;  Susan Corkery, Richard Weber, Assistant United States Attorneys, on the brief.  Barbara D. Underwood, Chief Assistant United States Attorney;  David C. James, Assistant United States Attorney, on the supplemental brief), for Appellee., James B. Lebow, Bournazos & Matarangas, New York, NY, for Defendant-Appellant.