Saturday, December 2, 2006
The government appears to now be taking on the judge following a reversal by the Third Circuit Court of Appeals in a non-precedential decision of a dismissal of a mail fraud case premised on honest services. The decision discussed in this entry notes that the failure to disclose a conflict of interest can be the basis of a mail fraud charge.
But having the counts reinstated has not been sufficient for the government. They are now presenting motions arguing that the trial judge should recuse himself. Reported in Examiner.com the judge has not sided with the government on this motion. This case involves the former New Castle County chief executive and his top aide, chief administrative officer, who were accused in a 2004 indictment of racketeering, mail fraud and wire fraud.