Friday, January 7, 2005

Cert Granted in Arthur Andersen Appeal

The Supreme Court granted cert today in Arthur Andersen v. United States (order list here). See also SCOTUS blog for a discussion of the nine cases in which the Court granted cert today.  The question presented is: "Must Arthur Andersen's conviction for witness tampering under 18 U.S.C. 1512(b) be reversed because the jury instructions misinterpreted the 'corrupt persuasion' and 'official proceeding' elements of the offense?"  The definitions of those terms are notoriously vague (i.e. broad) and the case gives the Court a chance to give a little bit more guidance in the area.  That said, a decision favorable to Andersen could trigger a congressional response.  We will try to post the briefs as soon as possible after they are filed. (ph)

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» Arthur Andersen's Day in Court from Conglomerate
Friday, the Supreme Court granted cert to hear the appeal of Arthur Andersen's 2002 obstruction of justice conviction in connection with its representation of Enron. (WSJ article here) The thrust of the appeal is one word: "corruptly."... [Read More]

Tracked on Jan 10, 2005 9:23:32 AM