Tuesday, January 20, 2009

Skilling Asks for En Banc Hearing

Not surprisingly, Jeffrey Skilling is asking the Fifth Circuit for an en banc hearing.  He focuses on three issues, with the lead one being premised on "honest services" fraud.  The petition argues that the panel's decision is in conflict with other Fifth Circuit decisions, including U.S. v. Brown. It also raises the issue of vagueness as to section 1346.  After all - what is "honest services"?

See Ashby Jones, WSJ Blog, Skilling, Petrocelli Make Two More Pleas to the Fifth Circuit ;  Kristen Hays, Houston Chronicle, Enron’s Skilling asks full court to review convictions

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http://lawprofessors.typepad.com/whitecollarcrime_blog/2009/01/skilling-asks-f.html

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