THE U.S. COURT of Appeals for the Second Circuit has found a federal statute criminalizing mail fraud by depriving another of “honest services” to be unconstitutionally vague as applied.
A divided court ruled that contractor Vassilios K. Handakas had no way of knowing he was violating the federal mail fraud statute when he skirted a state law requirement to pay the prevailing wage on projects for the New York City School Construction Authority (SCA).
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