Whether a private contractor who holds no formal government position and lacks inherent governmental responsibility, can be convicted of conspiracy to commit honest services fraud under 18 U.S.C. §§ 1346 and 371, based on a bribery theory rejected by the trial court and without any agreement to perform an 'official act'

Whether a private contractor who holds no formal government position and lacks inherent governmental responsibility, can be convicted of conspiracy to commit honest services fraud under 18 U.S.C. §§ 1346 and 371, based on a bribery theory rejected by the trial court and without any agreement to perform an “official act.”