Court Overturns Defendant’s Bribery Conspiracy Conviction but Upholds Honest Services Fraud Charges

Court Overturns Defendant’s Bribery Conspiracy Conviction but Upholds Honest Services Fraud Charges, United States v. Linda and Edward Mangano, 2nd Circuit Court of Appeals (decided February 13, 2025). 

In an important decision, the United States Court of Appeals for the Second Circuit has reversed former Nassau County Executive Edward Mangano’s conviction for conspiracy to commit federal programs bribery due to insufficient evidence. However, the court upheld his convictions for honest services fraud and obstruction of justice, underscoring the legal complexities of public corruption cases.

Why the Bribery Conspiracy Conviction Was Reversed

Mangano was originally convicted of conspiring with Long Island restaurateur Harendra Singh, who provided lavish gifts—including an expensive massage chair, vacations, and a lucrative no-show job for Mangano’s wife—in exchange for political favors. Prosecutors argued that Mangano used his influence to help Singh secure lucrative loan guarantees from the Town of Oyster Bay.

However, under federal programs bribery law (18 U.S.C. § 666), a defendant must be an “agent” of the government entity where the bribery took place. While Mangano was the County Executive of Nassau County, the charges related to the Town of Oyster Bay, a separate municipality. The government conceded during the trial that Mangano was not an agent of the Town, which undermined their case.

Additionally, prosecutors tried to argue that Mangano aided and abetted Town officials who were bribed by Singh. The court rejected this argument, finding no evidence that those officials were acting to benefit Mangano. Since the bribery scheme revolved around personal benefits for the Town officials themselves, not for Mangano, the appellate court vacated the conviction for conspiracy to commit federal programs bribery​.

Why the Honest Services Fraud Conviction Was Upheld

While Mangano dodged the bribery conspiracy charge, the Second Circuit upheld his conviction for honest services fraud (18 U.S.C. §§ 1343, 1346, 1349). Honest services fraud is a broader corruption offense that does not require the defendant to be an agent of a specific government entity. Instead, it criminalizes schemes where public officials accept bribes or kickbacks in exchange for political influence, depriving the public of their honest services.

The court made the following relevant findings:  (1) Mangano accepted significant personal benefits from Singh while holding public office, (2) In exchange, Mangano took official actions to benefit Singh, such as helping him obtain government contracts and loan guarantees, and (3) This quid pro quo arrangement was sufficient to constitute honest services fraud, even though it did not meet the narrower requirements of federal programs bribery.

Unlike bribery under § 666, which requires a clear agency relationship with the involved government entity, honest services fraud applies to any public official who corruptly uses their position for personal gain, regardless of jurisdictional nuances​.

Why This Matters

The ruling highlights a key distinction in public corruption law: Bribery under § 666 requires a direct agency relationship, while honest services fraud only requires a scheme to deprive the public of honest governance. This decision reinforces the broad power of honest services fraud statutes to combat political corruption, even when traditional bribery laws may not apply.

While Mangano’s conviction for bribery conspiracy has been overturned, he still faces a lengthy prison sentence for his other corruption-related offenses. His case now returns to the lower court for resentencing.