The Constitutionality of 18 U.S.C. § 1346, which states that “the term ‘scheme or artifice to defraud’ includes a scheme or artifice to deprive another of the intangible right of honest services,” is before the SCOTUS on Conrad Black’s appeal of his conviction. 

      If this federal fraud statute is not deemed void for vagueness, could it be applied to marital misconduct that takes place across state lines?