Keith Mack
The college admissions scandal saw wealthy people use dishonest, unfair and unethical means to gain places at top universities, denying opportunities to other students. The scandal resulted in lawsuits from disgruntled students who had been denied admission. The scandal also brought attention to the fact that the law has been used to jail people in situations as different as a student plagiarising a term paper and a lawyer paying an insurance adjuster to accelerate a client's claim. The law in question, the honest services law, has been criticised for being vague and empowering an authoritarian government.
| Characteristics | Values |
|---|---|
| Conspiracy | Planning to commit a crime |
| Mail fraud | |
| Honest services fraud |
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What You'll Learn
The use of dishonest, unfair and unethical means to gain admission
The scandal has prompted disgruntled students to initiate lawsuits, claiming that they were denied admission to certain universities despite securing places at others. In one case, highly-qualified Asian students sued Harvard, alleging discriminatory admissions practices. While the merits of these claims are debatable, they highlight the intense competition among Americans to gain acceptance to a select few institutions, even though there are hundreds of top-quality educational institutions in the country.
The use of dishonest and unethical means to gain admission can take various forms, such as plagiarism, bribery, or exploiting connections and privilege. This is a complex issue that involves not only the individuals involved but also the broader systemic issues within the education system and society at large.
The impact of such actions extends beyond the individuals directly involved. When someone uses dishonest means to gain admission, it undermines the integrity of the admissions process and erodes trust in the system. It also raises questions about the role of privilege and the unequal distribution of opportunities, highlighting the need for systemic changes to address these disparities.
While there is a focus on the individuals involved in the scandal, it is important to acknowledge that the issue is systemic and requires a broader discussion about privilege, access, and equality of opportunity. The college admissions scandal has brought these issues to the forefront, prompting a re-evaluation of the admissions process and the need for a more equitable system that provides quality education to all, rather than perpetuating privilege and advantage for a select few.
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Denial of admission to other students
The college admissions scandal saw people use dishonest, unfair and unethical means to gain places at universities. This meant that other students were denied admission.
The scandal led to disgruntled students initiating lawsuits, complaining of their denial of admission at those universities, even though they secured places at other universities. Highly-qualified Asian students initiated a lawsuit against Harvard due to perceived discriminatory admissions practices.
The scandal also highlighted the need for Americans to achieve acceptance to a few selected institutions when in reality there are hundreds of top-quality educational institutions in the country. The focus should be on delivering a quality education to more people so that everyone can succeed, rather than just those with privilege.
The law has been used to jail people in situations as different as a student plagiarising a term paper and a lawyer paying an insurance adjuster to accelerate his client's claim. The honest services law is ripe for a constitutional challenge, and it is being used against a group of very wealthy defendants who have the resources to take the case to the Supreme Court.
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Discrimination in admissions practices
The college admissions scandal revealed the extent to which some people will use dishonest, unfair and unethical means to get ahead. It also highlighted the privilege of those who can use their advantages to unfairly gain more privilege.
In the wake of the scandal, disgruntled students initiated lawsuits against universities, complaining of their denial of admission. Highly-qualified Asian students initiated a lawsuit against Harvard due to perceived discriminatory admissions practices.
The scandal also brought attention to the honest services law, which has been used to jail people in a variety of situations, including a student who plagiarised a term paper and a lawyer who paid an insurance adjuster to accelerate a client's claim. The law is considered vague and has been criticised by lower court judges and scholars, who argue that it could apply to routine conduct such as calling in sick to go to a baseball game. The Supreme Court has also indicated that it is not a fan of the law.
The honest services law is ripe for a constitutional challenge, particularly as it is being used against a group of very wealthy defendants who have the resources to take the case to the Supreme Court.
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The honest services law
The law is also known as honest services fraud and is a type of white-collar crime. It involves a company or individual offering something of value to a public official in exchange for special or preferential treatment. The term "honest services" refers to the duties owed by a public official or private individual to act in good faith, with loyalty and fidelity, for the benefit of those they represent.
Honest services fraud is an extension of the federal mail and wire fraud statutes and carries steep penalties. If convicted, individuals can face the same penalties as other types of mail, wire, or healthcare fraud, up to 20 years in prison and sometimes up to 30 years. The law applies to both private individuals and public officials on the federal, state, and local levels.
To secure an honest services fraud conviction, the government must prove that a public official failed to disclose their breach of the duty to provide honest services. This non-disclosure implicates the fraudulent aspect of the crime. Since the law was implemented, case law has clarified that honest services fraud must include some bribe or kickback to be considered a crime.
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Vague federal criminal laws
The honest services law has been used to jail people in situations as different as a student plagiarising a term paper and a lawyer paying an insurance adjuster to accelerate their client's claim. The New York Times has called the law "hopelessly vague", saying it could apply to conduct as routine as calling in sick to go to a baseball game.
The Supreme Court has indicated that it is hardly a fan of the honest services law. Justice Anthony Kennedy, who wanted to strike down the law, has been replaced by Justice Brett Kavanaugh, who is arguably more conservative than his predecessor. Conservative justices usually don't like vague federal criminal laws.
Such laws have at least two problems. Because they are vague, people can become criminals without the sort of purposeful intent that one usually has to show in order to be sent to prison. Second, if laws are so vague that large portions of the population may have violated them, this can empower an authoritarian government because it can hold out the threat of criminal prosecution over so many people.
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Frequently asked questions
The honest services law.
It is a federal statute that has been used to jail people in situations as different as a student plagiarising a term paper and a lawyer paying an insurance adjuster to accelerate his client’s claim.
The law is vague, meaning people can become criminals without the sort of purposeful intent that one usually has to show in order to be sent to prison.
Jail time.
