Rodrigues

MEMORANDUM *

A jury found Gary Rodrigues, the former Hawaii State Director for the United Public Workers union, guilty of embezzling money from the union 1 and accepting kickbacks in connection with an employee welfare benefit plan. 2 The jury also found Rodrigues and his daughter Robin Sabatini guilty of mail fraud, 3 health care fraud, 4 money laundering, 5 and conspiracy to commit money laundering. 6 We affirm the jury’s verdict and order a limited Ameline remand.

A. Honest Services Mail Fraud and Honest Services Health Care Fraud.

The defendants argue that: (1) the instruction erroneously failed to require that the government prove a specific mis *180 representation or omission made by the defendants as part of the scheme; (2) the instruction did not require that the government prove the defendants acted with an intent to deceive; and (3) the instruction told the jury that honest services included a union official’s duties under § 501 of the Labor-Management Reporting and Disclosure Act (LMRDA).

In United States v. Williams, we explained that our court “and other circuits have recognized the viability of the ‘intangible rights’ theory when the private defendant stands in a…