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In the Courts
Second Circuit: U.N. Officials Are Subject to Prosecution for 'Honest Services' Fraud
In United States v. Bahel, No. 08-3327-cr, 2011 WL 5067095 (2d Cir. Oct. 26, 2011), the U.S. Court of Appeals for the Second Circuit addressed many interesting issues related to application of U.S. public corruption prohibitions to officials of international organizations. The court held that: 1) the United Nations (U.N.) is a “federal program” for the purposes of conviction under 18 U.S.C. ' 666, which applies to bribery and theft related to such programs; 2) foreign employees of international organizations can be subject to prosecution for “honest services” fraud; and 3) as a high-ranking U.N. official, Mr. Bahel was properly sentenced as a “public official” under the United States Sentencing Guidelines. Id. at *1.
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