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)
https://lawprofessors.typepad.com/whitecollarcrime_blog/2005/01/cert_granted_in.html