United States v. Ford, No. 08-6169 (6th Cir. 2011)
Annotate this CaseThe defendant, a Tennessee state senator for more than 30 years, was convicted of bribery (the subject of a separate appeal), “honest services” wire fraud (18 U.S.C. 1343, 1346), and concealing a material fact regarding a matter within the jurisdiction of the executive branch of the United States (18 U.S.C. 1001) for failing to disclose his relationship with a company that dealt with a state agency providing health care to citizens not covered by Medicaid, pursuant to a waiver from the U.S. Department of Health and Human Services. The Sixth Circuit reversed. The defendant's actions did not violate Section 1001; the disclosures were required to be made to state, not federal, agencies and the defendant had no duty to an entity directly contracted with a federal agency. Wire fraud convictions based on failure to make those disclosures were also reversed; the statute applies only to wire fraud involving bribes or kickbacks.
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