The defendant. The same person who is liable when corrections bunks them with a prison rapist, or a psychopath who ends up building a guitar out of their vocal chords.
The justice system is a deep pit that we toss people into, without any care for what happens after. If we made anyone in on the side of the prosecution accountable for the consequences, the entire system would grind to a halt.
https://en.wikipedia.org/wiki/Kids_for_cash_scandal
I didn't know there was even such a thing as honest service fraud until recently. It appears to have a lot of problems as a charge, but it certainly feels like it should be used a lot more to simply prevent some of the Machiavellian screw-jobs modern business (and politics) inflict on people. I know, I'm getting a little "ranty", but doesn't the term "honest service fraud" seem to fit so many of the problems caused by big organizations today?