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By The Time You Read This You May Have Already Committed Three Crimes

By Robert David, Esq.

The growing issue of the number and vagueness of federal criminal statutes has led to a push back from even conservative groups, disdaining the over criminalization of federal law, leading one author to write a book arguing that each person likely commits up to three federal crimes a day. The New York Times has now reported on the issue. The most recent flashpoint of this debate concerns 18 USC 1346 which defines a scheme or artifice to defraud to include a scheme to ?deprive another of the intangible right of honest services.? Justice Scalia himself has commented that law has been ?invoked to impose criminal penalties upon a staggeringly broad swath of behavior, including misconduct not only by public officials and employees but also by private employees and corporate fiduciaries?? Also touched upon is the growing list of federal crimes that do not require proof of intent to commit the crime, lessening the burden on prosecutors...continue to full post

Full post as published by Health Care Fraud Blog on November 24, 2009 (boomark / email).