United States Ninth Circuit

In a prosecution for honest services fraud against contractors who administered commercial truck drivers' licenses tests on behalf of a state, the district court's dismissal of the indictment is reversed and the case remanded, where: 1) breach of fiduciary duty is required for honest services fraud under 18 USC sections 1341 and 1346, it does not require a formal fiduciary duty, and a trust relationship is sufficient; 2) the defendants may have had an agency relationship or a relationship of trust with the state; 3) foreseeable economic harm is not a necessary element when evaluating whether a party breached a fiduciary duty for purposes of honest services fraud; and 4) the mail fraud statute requires fraudulent intent and a showing of materiality.

Appellate Information

• Decided 04/24/2012
• Published 04/24/2012

Judges

• Tallman

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Timothy M. Durkin, Robert Fischer