Honest Service Fraud Case

In the final assignment for this class, you will research a court case in which the defendant is charged with "honest services fraud". This type of crime is referred to in a 28-word sentence of 18 U.S.C. § 1346 (the federal mail and wire fraud statute), added by the United States Congress in 1988, which states: "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."[See, https://en.wikipedia.org/wiki/Honest_services_fraud].

You must use a case where there was an actual trial; plea bargains or other truncated cases are not appropriate for this assignment. You must attach the case along with your paper as part of this assignment. Failure to submit the actual case will result in a lower grade.

This assignment will introduce you to the concept of case briefing and will also have you explain additional items of concern that will help you build an understanding of the case and the criminal prosecution. In completing the assessment, use information from the text, supplemental readings, videos, classroom discussions, and external sources, including electronic and print sources.

Use either American Psychological Association (APA) guidelines or Bluebook citation format.

Please be cognizant that, when using sources not normally considered scholarly, e.g., videos, television programs, and newspaper and magazine articles you will be held responsible for determining their scholarly value. If you are in doubt, contact me.

You are required to submit different exercises during the semester, which include identifying the case to be analyzed, drafting the brief, and providing other information as needed via the Discussions or Assignments folder. You must gain clearance from me to move forward. The primary purpose of these assignments is to encourage you to collect and analyze information throughout the semester and to prepare preliminary drafts, do not wait until the end of the semester.

The required sections of the paper are as follows:

US v BRENT ROGER WILKES

http://cdn.ca9.uscourts.gov/datastore/opinions/2011/10/19/08-50063.pdf

I. Elements of the crime. Identify and discuss the elements of the crime, as the prosecution proved them.

II. Defenses claimed by the defense. Identify and discuss any defenses claimed by the defendant.

III. Constitutional protection issues. Identify and discuss any constitutional protection issues (e.g., Miranda warnings, search and seizure).

IV. Case brief. Use the required formula:

1. Title and citation

2. Facts of the case

3. Issues

4. Holding (the final decision)

5. Reasoning (how the court arrived at this holding)

6. Analysis (how the facts of the case meet the legal criteria for prosecution)

V. Your judgment. If you were the judge or a juror in this case, would you have agreed with the outcome? If yes, explain why; if no, explain why.