Friday, June 21, 2024

Fiduciary Duty


The fiduciary duty of a public servant is to not only serve the people in a trustworthy manner and protect their general welfare but also to work on their behalf and have the people's best interests at heart.

When a public servant fails his or her fiduciary responsibilities and is corrupted into self-serving interests and criminal gains, then this dishonest and unscrupulous official can be held accountable with the Honest Service Fraud Statute, 18 U.S.C. § 1346.  

Honest service fraud can involve public officials failing to disclose conflicts of interest, self-dealing, or participation in bribery or kickback schemes; 

Misusing a position of authority for personal gain; 

Using the mail or wires to further activity deprives citizens of honest services.*

Possible penalties for each count include fines of up to $1 million, up to 30 years in prison, or both. 

Honest service fraud applies to all branches of government including corrupt judges.  

For example, in January 2023, a former district court judge was arrested and charged with three counts of honest services wire fraud.**  

He was also charged with other crimes, including bribery, obstruction of justice, and lying to FBI agents.

If found guilty of honest services fraud he can serve well over twenty years for each count of honest service fraud.

As citizens, we have the right to insist on honest services and the responsibility to hold responsible those public servants who use lies, slander, malfeasance and other unscrupulous methods for political or selfish gains.  


*from Google search of honest service fraud


Why have standards fallen so low? Where is the sense of honor and duty? There is no win or salvation in the shame of dishonor and indecency....