Congressman Jefferson’s Motion to Dismiss Denied

William J. Jefferson, a sitting member of the United States House of Representatives, was charged with a sixteen-count indictment alleging a variety of crimes including bribery, conspiracy, wire fraud, foreign corrupt practices, money laundering, obstruction of justice, and racketeering.  These charges are currently pending before the United States District Court for the Eastern District of Virginia (Alexandria Division).  Congressman Jefferson filed a motion to dismiss Counts 5–10 of the Indictment which charge the Congressman with depriving citizens and the House of Representatives of his honest services by wire fraud.  The Congressman’s motion to dismiss argued that the Indictment failed to allege the requisite elements of an honest services wire fraud as required by Rule 7 of the Federal Rules of Criminal Procedure.  In the alternative, the Congressman argued that the honest services fraud statute, 18 U.S.C. § 1346 (1988) was unconstitutional.  In a July 8, 2008 decision, the Court rejected both arguments and denied the Congressman’s motion.  United States v. Jefferson, 2008 WL 2721262 (E.D. Va. July 8, 2008).