 § 1346 was known as the " McNally fix . " In Skilling v. United States ( 2010 ) , the Court construed § 1346 to apply only to bribes and kickbacks . Post @-@ Skilling is it unclear whether a mere gratuity can be prosecuted as a " kickback . " Skilling adopted the definition of " kickback " used in 41 U.S.C. § 52 ( 2 ) : 
