O50.4 Mail Fraud: Depriving Another of an Intangible Right of Honest Services Independent Contractor or Other Private Sector Contractual Relationship Besides Employer/Employee

The Defendant can be found guilty of this crime only if all the following facts are proved beyond a reasonable doubt:

(1) the Defendant owed a duty of honest services to the victim;

(2) the Defendant knowingly devised or participated in a scheme to fraudulently deprive the victim of the right to honest services of the Defendant through bribery or kickbacks;

(3) the Defendant did so with an intent to defraud the victim of the right to the Defendant’s honest services;

(4) the Defendant foresaw or reasonably should have foreseen that the victim might suffer economic harm as a result of the scheme; and

(5) 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.