Comments on: US Supreme Court takes Jeff Skilling (of Enron) case for another look at “honest services” fraud

By: NMC

NMC — Thu, 15 Oct 2009 17:50:03 +0000

That’s a pretty stunningly bad record, Natd4. Interesting.

By: Natd4

Natd4 — Thu, 15 Oct 2009 16:43:47 +0000

The Houston Chronicle today has a critical story about the ENRON prosecutors and how the Skilling case is the third ENRON case being reviewed by the SCOTUS. Link is here.

By: Anderson

Anderson — Thu, 15 Oct 2009 13:39:12 +0000

Adam Liptak, btw, not Litpak (which I think is that bundle of photocopies you have to pick up for your English seminar).

By: Ben

Ben — Thu, 15 Oct 2009 02:39:21 +0000

This is gonna open a boxful of Pandoras.

By: a friend of the law

a friend of the law — Wed, 14 Oct 2009 22:53:39 +0000

IF the Supreme Court decides to trim the scope of the current statute, then this will create a fine opportunity for much better drafted, less vague, more specific, federal (and state) statutes in this vein to nail public corruption to the wall. Government (federal and state) seems to have no problem passing “zero tolerance” laws applicable to the citizenry. Well, how about some “zero tolerance” anti-corruption laws applicable to them. The mood of the citizenry, which is quite fed up with all of the public corruption, is ripe for passage of such laws. The pitchforks are being sharpened as we speak. On the state level, it may take referendums to get such laws passed.

In MS, what we need are some well crafted statutues and an AG willing to enforce them. We apparently have neither, so the feds have had to do that for us using what they currently have at their disposal.

By: Jane

Jane — Wed, 14 Oct 2009 19:51:54 +0000

meanderline @8:54 & Black bear 11:32 I’m in agreement. In the case of marijuana more than prostitution being a victimless crime. How is it an individuals action in such be viewed more criminal than depriving honest services? Deprivation of honest services no doubt creates a victim? Then there’s this. Obligation to duty. In the DeLaughter issues, didn’t this judge take an oath of office to up hold justice. To, in fact render justice and nothing more. If the high court would use the job description as a guide and question any other action regarding honest services, it might clear things up just a little.

Cars, boats, trains have thousands of parts just like the justice system. And just like the justice system each part must do it’s job. More or less and it just doesn’t work. Do your job!

Having said this I can understand the hard work going into the defense of someone only to have a court hear an honest service charge which in some cases looks like a last ditch effort to an unprovable cause against some defendant. Perhaps 1346 is being reviewed for possible abuse as well.

Thanks to NMC for this very interesting subject. Great post T.F.

By: NotZachScruggs

NotZachScruggs — Wed, 14 Oct 2009 19:15:10 +0000

Ben, it was expanded to mean just about anything under Bush and Cheney and Gonzales in order that it might be applied to Democrats, like Governor Don Siegelman over in Alabama.

By: Ben

Ben — Wed, 14 Oct 2009 18:55:29 +0000

The “honest services” statutes are completely open-ended in proscribing illegal acts. An NBA referee was convicted not long ago for crooked officiating that produced scores favorable to gamblers. Does anyone here know whether NBA officiating falls under the honest services rubric? Or what about NASCAR races that invariably result in yellow caution lights and a regrouping of the cars near the end of races? What if a college football player was found to be on the take for missing field goals or PATs so as to favor a fixer? Or how ’bout the Westminster dog show? There’s no limit on conduct these statutes might reach.

By: Bardwell

Bardwell — Wed, 14 Oct 2009 16:35:50 +0000

I understand the need to craft legislation that can stay ahead of overly creative Wall Streeters, but Congress has done a real disservice by trading vagueness for breadth in the realm of white collar crime. At some point, that’s going to come back and bite them, and this may be the case where that happens.

By: BlackBear

BlackBear — Wed, 14 Oct 2009 16:32:08 +0000

meanderline – I had the same thought, “that needs to change.”