LIMITED TO THE FOLLOWING QUESTION: WHETHER, TO CONVICT A STATE OFFICIAL FOR DEPRIVING THE PUBLIC OF ITS RIGHT TO THE DEFENDANT'S HONEST SERVICES THROUGH THE NON-DISCLOSURE OF MATERIAL INFORMATION, IN VIOLATION OF THE MAIL-FRAUD STATUTE (18 U.S.C. §§1341 AND 1346), THE GOVERNMENT MUST PROVE THAT THE DEFENDANT VIOLATED A DISCLOSURE DUTY IMPOSED BY STATE LAW.Question Presented:
Whether 18 U.S.C. § 1346, by criminalizing denials of "the intangible right of honest services," mandates the creation by the federal courts of a federal common law defining the disclosure obligations of state government officials.Question:
To convict a state official for depriving the public of its right to the defendant's honest services in violation of 18 U.S.C. Section 1341 and Section 1346, must the government prove that the defendant violated a disclosure duty imposed by state law?