O50.2 Mail Fraud: Depriving Another of an Intangible Right of Honest Services Public Official/Public Employee
Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.
- Instruction
- O50.2
- Statute
- 18 U.S.C. §§ [1341] and 1346
- Edition
- Eleventh Circuit Pattern Jury Instructions (Criminal Cases), revised July 2026
- Official source
- Official PDF, page 357
Elements
Quoted word for word from the official text. Eleventh Circuit Pattern Jury Instructions (Criminal Cases), revised July 2026.
The Defendant can be found guilty of this crime only if all the following facts are proved beyond a reasonable doubt:
(1) the Defendant knowingly devised or participated in a scheme to fraudulently deprive the public of the right to honest services of the Defendant through bribery or kickbacks;
(2) the Defendant did so with an intent to defraud the public of the right to the Defendant’s honest services; and
(3) the Defendant used [the United States Postal Service by mailing or by causing to be mailed] [a private or commercial interstate carrier by depositing or causing to be deposited with the carrier or transmitting or causing to be transmitted] some matter, communication or item to carry out the scheme to defraud.
Related practice page
Honest-Services Fraud (18 U.S.C. § 1346) in Miami
Official source: Official PDF, page 357
Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.