United States v. Nayak

  • Read more: United States v. Nayak: The Application of Honest Services Mail and Wire Fraud to the Health Care Industry (Part II)
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    United States v. Nayak: The Application of Honest Services Mail and Wire Fraud to the Health Care Industry (Part II)

    By Joan H. Krause[Cross-posted at HealthLawProf Blog] In a prior post, I discussed the Seventh Circuit’s decision in United States v. Nayak, one of the first major “honest services” mail and wire fraud cases to arise since the Supreme Court decidedSkilling v. United States in 2010. In Skilling, the Court found clear Congressional intent to limit honest services prosecutions to “offenders who, in violation…

  • Read more: United States v. Nayak: The Application of Honest Services Mail and Wire Fraud to the Health Care Industry (Part I)
    Article

    United States v. Nayak: The Application of Honest Services Mail and Wire Fraud to the Health Care Industry (Part I)

    By Joan H. Krause [Cross-posted at HealthLawProf Blog] Since the early 1900’s, the federal mail and wire fraud statutes have been applied to schemes to defraud victims not just of money or property, but also of “intangible rights” such as the right to the “honest services” of an employee or public servant. 18 U.S.C. §§ 1341, 1343,…