United States v. Smith

OPINION AND ORDER

KENNETH M. KARAS, District Judge:

Defendants move to dismiss portions of the Indictment. In particular, Defendants challenge the application of the Travel Act, 18 U.S.C. § 1952, in this case, and the constitutionality of the Honest Services Fraud Statute, 18 U.S.C. § 1346, as applied here. Defendant Malcolm A. Smith (“Smith”) also seeks to strike certain portions of the Indictment as prejudicial surplusage. For the reasons described herein, these Motions are denied.1

I. Background

A. Factual Background

The following facts are taken from the Indictment that the Grand Jury returned…