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Skilling Decision Brings Down Scrushy, Siegelman, Hargrove, and Hereimi
In today's Supreme Court Order, we see the first wave of cases being affected by the Skilling decision. The Court granted the Petitions for Writ of Certiorari in the following cases, and remanded them to the circuits listed below for reconsideration in light of the Skilling decision. This does not mean that the cases will automatically be dismissed, but it does open each of them to review
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Open Questions Post Skilling Related to the Honest Services Issue
As a result of the Skilling decision see here, here, here, here, and here, many questions are left for consideration by lower courts and perhaps Congress and the Supreme Court in future cases. What are some of these questions: Can Congress rewrite a statute that would pass constitutional muster? (but perhaps they should think twice
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In the News & Around the Blogosphere
David Glovin, Bloomberg, Reputations Don't Return When Prosecutors Drop Charges Christopher M. Matthews, Main Justice,Terwilliger to Propose New Rules for FCPA Disclosures Chloe Albanesius, PC Magazine, DOJ, FBI to Monitor Foreign Web Sites for IP Piracy Mark H. Tuohey III Joins Brown Rudnick's Washington DC Office – see here BuckleySandler announced that David S. Krakoff
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Skilling – Commentary
It was a Thanksgiving Day turkey carving by the Court, and they left a lot more meat on the bones then many imagined. Will We See More Government Stretching? The Court says, "[a]s to arbitrary prosecutions, we perceive no significant risk that the honest-services statute, as we interpret it today, will be stretched out of
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Interpretation or Invention – Key Aspects of the Honest Services Portion of the Skilling Opinion
Check out the prior posts of Solomon Wisenberg here, here, and here, that include summary and links to the three decisions. Looking at Skilling specifically, here are some important items to note from the decision- 1. As discussed by Attorney Tim O'Toole in an NACDL press conference – the Court rejects the government's attempt to
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NACDL President Comments on Honest Services Trilogy
GUEST BLOGGER-SOLOMON L. WISENBERG Here is a press release from the National Association of Criminal Defense Lawyers ("NACDL") containing NACDL President Cynthia Orr's comments on today's U.S. Supreme Court honest services opinions. Orr is “heartened that the Court has unambiguously rejected government arguments that the ‘honest services’ fraud statute can be properly used across as broad a range of conduct
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More on Honest Services and Skilling
GUEST BLOGGER-SOLOMON L. WISENBERG The breakdown is as follows. All nine justices agree that the judgments in the three honest services fraud cases must be vacated and remanded. The majority rules that Section 1346 honest services fraud encompasses only bribery and kickback schemes, and would be unconstitutionally vague if interpreted more broadly. The majority opinion in Skilling (and Black)
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Weyhrauch Honest Services Judgment Vacated and Case Remanded to Ninth Circuit for Further Consideration in Light of Skilling Decision
Here is the one-paragraph slip opinion. (slw)
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Supreme Court Vacates and Remands in Conrad Black Honest Services Case!
Here is the slip opinion. More to come. The decision was 9-0 to vacate and remand for harmless error analysis re honest services jury instructions. Scalia (joined by Thomas) and Kennedy concur, and would hold Section 1346 unconstitutionally vague. Defendants properly preserved error on jury instructions. (slw)
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Supreme Court Vacates and Remands in Skilling’s Honest Services Case!
GUEST BLOGGER-SOLOMON L. WISENBERG Here is the slip opinion. According to the Court's syllabus, Section 1346 is not unconstitutionally vague, but only proscribes the "bribe-and-kickback core of the pre-McNally case law." More to come. (slw)
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