CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Saturday, December 12, 2009

"Brief: 'Honest services' law beyond saving"

Lyle Denniston at ScotusBlog caps a big week for the issue by summarizing arguments made in the just-filed U.S. Supreme Court merits brief by Jeffrey Skilling's lawyers:

One way to salvage the law, “if the Court were inclined to complete Congress’s work and define the conduct criminalized” by so-called Section 1346, the brief argued, would be to make it apply only to two forms of dishonesty: bribes and kickbacks “received from a third party as a quid pro quo for some advantage from the employer.”  Other kinds of dishonesty can be dealt with under traditional laws against fraud in money or property dealings, it said.

Recaps of the arguments on the "honest services" issue this week can be found here.

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