Supreme Court looks at Honest Services fraud
Honest services fraud. It’s clearly the buzz phrase of the day in white-collar criminal cases, due to the decision of the Supreme Court to review the conviction of former Enron executive Jeffrey Skilling (see previous LB post). The law makes it a crime to deprive someone of “the intangible right of honest services.” It’s a head scratcher – a vague standard that can seemingly encompass just about any manner of supposed sin.
In addition to Skilling, class action law firm Milberg was charged with honest services fraud, as was Bobby Delaughter, the Mississippi judge accused of taking a bribe from tort lawyer Dicki Scruggs. Critics argue that the law, like racketeering, is a runaway freight train; something that the prosecutors turn to when they can’t figure out what others charges bring. Here’s a WSJ piece on the topic from former law blogger Dan Slater.
Read more at The WSJ Law Blog
10/14/9