U.S. v. Segal

In prosecution on charge of racketeering, mail and wire fraud, embezzlement and conspiracy to impede IRS, record failed to suggest that defendant was involved in either bribery or kickback scheme so as to support conviction on charge of honest services fraud. However, defendant's convictions as to remaining charges of money/property fraud were still valid since jury would have convicted defendant of said remaining charges where factual basis for honest services charge arose out of allegations that defendant took money from his victims. Remand, though, was required for new sentencing determination without consideration of honest services conviction.