Thursday, February 02, 2012

Honest-services fraud convictions reversed

US v. Hornsby:   In this appeal, the CEO of Prince George’s County Public Schools challenged his convictions for honest-services fraud, tampering with evidence, and obstruction of justice, for his involvement in securing two public contracts for school products and services. The Fourth Circuit reversed Andre Hornsby’s convictions for honest-services fraud, and affirmed the obstruction of justice and tampering with evidence convictions. Hornsby’s case was remanded to the district court in Maryland for re-sentencing in accordance with this opinion.

The Fourth Circuit reversed the honest-services fraud convictions because the district court erroneously instructed the jury, in a way the Fourth Circuit found was not harmless, that the jury could convict Hornsby for honest-services fraud based on a conflict of interest.

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