Brian Liu

Essay

Guaranteeing Honesty: Rewiring Honest Services Fraud Under the Guarantee Clause

Honest services fraud is a vital anticorruption statute used by federal prosecutors to police state and local corruption. However, the statute’s undefined terms and perceived intrusions on federalism have invited scrutiny from the Supreme Court. To redress these concerns, courts should interpret the statute to require a predicate state-law violation.

Feb 27, 2025