Earlier this week, the U.S. Supreme Court heard arguments about the federal “honest services” law, passed back in 1988. The law says, basically, that it’s illegal “to deprive another of the intangible right of honest services.” It’s a
crime to cheat customers, take bribes and kickbacks, etc. It’s frequently been used to prosecute government officials or corporate executives.
But some lawyers say it’s way too broad — that essentially anyone in America could be prosecuted in the federal courts, should your local U.S. attorney feel the itch. As the Times noted:
Justice Steven G. Breyer estimated that there are 150 million workers in the United States and that perhaps 140 million of them could be prosecuted under the government’s interpretation of the law.
Complimenting the boss’s hat “so the boss will leave the room so that the worker can continue to read The Racing Form,” Justice Breyer said, could amount to a federal crime.
Based on the justices’ questions, most legal experts expect the court to rule the “honest services” law unconstitutional.
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