Whether 18 U.S.C. § 1346 allows conviction for honest services fraud based on breach of private code of conduct without proving fiduciary duty has force of law, and whether 'intangible right of honest services' extends to foreign commercial bribery schemes

1. Whether 18 U.S.C. § 1346, which defi nes “scheme or artifice to defraud” under the mail and wire statutes to include a scheme or artifice to “deprive another of the intangible right of honest services,” allows the government to secure a conviction based on the breach of a private code of conduct without proving that the asserted fiduciary duty has the force of law. 2. Whether the “intangible right of honest services” extends to foreign commercial bribery schemes.