United States v. Van Buren, No. 18-12024 (11th Cir. 2019)Annotate this Case
The Eleventh Circuit vacated defendant's conviction for honest-services fraud through bribery for undertaking an "official act" in his capacity as a police officer. The court remanded for a new trial and held that it could not be sure beyond a reasonable doubt that the jury convicted defendant of the offenses that Congress criminalized when it enacted the honest-services fraud and bribery statutes. In this case, the jury was not instructed with the crucial analogy limiting the definition of "question" or "matter" in this context as comparable in scope to a lawsuit, hearing, or administrative determination, and the government itself did not otherwise do so. The court also affirmed defendant's conviction of computer fraud.