Archive for June, 2010

Supreme Court Rejects The Government’s Expansive Interpretation of ‘Honest Services’ Fraud Statute.

Posted on June 24th, 2010 by Sam Kauffman

In a major ruling, the United States Supreme Court, at least partially, eliminated a critical tool for white collar prosecutors: the ability to bring charges for “honest services fraud” pursuant to 18 USC §1346, based on the undisclosed self-dealing by a public official or private employee.

The United States Supreme Court vacated one of the convictions of former Enron executive Jeffrey Skilling for so-called “honest services fraud” (18 USC §1346).  Skilling v. United States, all nine Justices agreed that the “honest services” conviction should be reversed, but for different reasons.