U.S. Supreme Court Limits Honest-Services Fraud Prosecutions to Schemes to Defraud Involving Bribes or Kickbacks

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Three Rulings Significantly Narrow the Statute's Use and Application

On June 24, 2010, the U.S. Supreme Court issued three opinions that taken together comprise what are likely to be the most-significant substantive criminal-law rulings of this term. These opinions are likely to be of interest to the business community—both in the United States and abroad—since the honest-services fraud statute1 has been a favored post-Enron tool of prosecutors pursuing corporate officers for alleged acts of misfeasance or malfeasance.

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