News & Analysis as of

Criminal Prosecution Honest Services Fraud

Baker Donelson

Supreme Court Again Restricts Honest-Services Fraud

Baker Donelson on

On May 11, 2023, in Percoco v. United States, 598 U.S. ___ (2023), the U.S. Supreme Court once again reined in an expansive public corruption prosecution brought by the Department of Justice by overturning a wire fraud...more

Jackson Walker

U.S. Supreme Court Again to Address DOJ’s Prosecution of ‘Honest Services Fraud’

Jackson Walker on

Can a private citizen who holds no elected office or government position owe a fiduciary duty to the general public such that he can be convicted of honest services fraud? On June 30, 2022, the Supreme Court granted...more

K&L Gates LLP

Voluntary Disclosure: Newsflash – October 2020

K&L Gates LLP on

In this episode, we examine how two criminal defendants are aiming to leverage parallel FCPA investigations by the SEC and the DOJ to build their defense. We’ll also offer our thoughts on the SEC’s new (and improved?)...more

Polsinelli

Second Circuit Ruling Clarifies Post-McDonnell Public Corruption

Polsinelli on

On Tuesday, former New York State Assembly Speaker Sheldon Silver received a welcomed victory, albeit partial, in the Government’s long running prosecution accusing him of fraud, extortion and money laundering....more

Gray Reed

2018’s Bad Guys in Energy

Gray Reed on

I report herein on 2018’s parade of reprobates, rapscallions and others generally lacking in moral hygiene. We reflect on a mother’s love, corruption in Venezuela, a disloyal employee, stealing from friends, a disgraced...more

Patterson Belknap Webb & Tyler LLP

Skelos Vacated: For The Second Time This Year, Conviction Of Leading New York State Legislator Is Undone Due To McDonnell

The Second Circuit (Winter, Raggi, Hellerstein by designation)yesterday, vacated by summary order the convictions of former New York State Senate Majority Leader Dean Skelos and his son Adam Skelos. Dean and Adam Skelos were...more

Troutman Pepper

Second Circuit Reinforces Narrow Definition of 'Official Act' in Politician's Fraud Case

Troutman Pepper on

On July 13, the U.S. Court of Appeals for the Second Circuit vacated the conviction of former New York State Assembly Speaker Sheldon Silver, who was convicted in 2015 on seven counts of honest services fraud, Hobbs Act...more

Patterson Belknap Webb & Tyler LLP

Silver Conviction Vacated Due To Jury Instructions

Yesterday the Second Circuit (Cabranes, Wesley, Sessions, D.J.) released an opinion vacating the conviction of Sheldon Silver and remanding the case to the district court for further proceedings including a retrial. The...more

Patterson Belknap Webb & Tyler LLP

United States v. Boyland, No. 15-3118

On July 10, 2017, in United States v. Boyland, No. 15-3118 (Kearse, Walker, Hall), the Second Circuit affirmed the conviction of former New York State Assembly member William F. Boyland, Jr. on twenty-one counts of public...more

The Volkov Law Group

Criminal Prosecutions of Individuals Outside the FCPA

The Volkov Law Group on

When you look outside the FCPA arena and examine DOJ criminal prosecutions in healthcare, antitrust, tax, fraud, and other white-collar areas, there is no shortage of cases against individual violators. I am perplexed, to say...more

The Volkov Law Group

The FCPA Implications of the Supreme Court’s McDonnell Decision – A Mountain Out of a Molehill?

The Volkov Law Group on

The Supreme Court’s decision in the McDonnell case was expected. It was evident that the Supreme Court was going to reverse the convictions when it granted a stay of McDonnell’s sentence and agreed to hear the case....more

Skadden, Arps, Slate, Meagher & Flom LLP

"Supreme Court Vacates Corruption Conviction of Former Virginia Governor"

On June 27, 2016, the United States Supreme Court unanimously vacated the conviction of former Virginia Gov. Bob McDonnell on corruption charges and remanded the case for retrial. As discussed below, the impact of the...more

Bradley Arant Boult Cummings LLP

U.S. Supreme Court Reins In Government's Expansive Interpretation of Bribery Charges

Last week, in McDonnell v. United States, the U.S. Supreme Court vacated the bribery convictions of Bob McDonnell, the former governor of Virginia. In doing so, the unanimous Court rejected prosecutors’ expansive...more

Williams Mullen

Supreme Court Unanimously Reverses McDonnell Conviction

Williams Mullen on

Earlier this week the United States Supreme Court handed former Virginia Governor Bob McDonnell a big victory by reversing his 2014 conviction for “accepting payments, loans, gifts, and other things of value from [Johnnie]...more

Troutman Pepper

Supreme Court Narrows Interpretation Of Federal Corruption Statute

Troutman Pepper on

On June 27, the U.S. Supreme Court vacated the conviction of former Virginia Governor Robert McDonnell, narrowing the definition of an “official act” in federal corruption cases. McDonnell v. United States, No. 15-474 (2016)....more

Cozen O'Connor

Supreme Court Overturns Former VA Governor’s Conviction Based on Narrowed Federal Bribery Definition

Cozen O'Connor on

On June 27, 2016, in an 8-0 decision, the U.S. Supreme Court reversed and remanded to the Fourth Circuit the conviction of former Virginia Governor Robert McDonnell on honest services fraud charges and charges that Governor...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides McDonnell v. United States

On June 27, 2016, the Supreme Court of the United States decided McDonnell v. United States, No. 15-474, holding that under the Hobbs Act and federal honest services fraud statute, the “official act” that is exchanged for...more

Williams Mullen

Public Officials Face Greater Scrutiny in Wake of McDonnell Decision

Williams Mullen on

Governor McDonnell’s attorneys put it this way: The Governor’s acts weren’t “official” because “none were any more remarkable than acts that governors unthinkingly take hundreds of times weekly for countless constituents,...more

Winthrop & Weinstine, P.A.

When Does A Legal Campaign Contribution Become An Illegal Bribe?

On February 14, 2013, in United States v. Terry (6th Cir., No. 11-4130, 2/14/13), the Sixth Circuit Court of Appeals upheld the conviction of an Ohio state judge on charges of honest-services fraud, holding that an otherwise...more

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