 § 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):
