3 ms·
This case is particularly interesting because he was convicted by a jury of the somewhat controversial charge of honest services fraud[1] in addition to the mor
by elliekelly 5y ago
This case is particularly interesting because he was convicted by a jury of the somewhat controversial charge of honest services fraud[1] in addition to the more common criminal fraud charges. Jeffrey Skilling (of Enron fame) was convicted under the same law (also among other charges) and successfully appealed to the Supreme Court where his convicted was reversed and his sentence was subsequently reduced. Skilling v. United States[2] and Black v. United States[3] (Conrad Black, the Canadian media mogul) significantly narrowed the scope of the crime. The Court came eversoclose to finding the law unconstitutionally vague but instead limited its applicability to situations where a fiduciary duty exists and there is evidence of bribery or a kickback scheme. Since Skilling the charge has most often been used for holders of political office, like Rod Blagojevich[4] but prosecutors couldn’t even get the charge to stick there. (Trump pardoned both Black and Blagojevich before leaving office.) More recently the charges have been brought against participants in the “Varsity Blues” college admissions scandal.
The Supreme Court definitely left the door open for this law to be ruled unconstitutional so I’m curious whether any of the very wealthy and newly convicted-at-trial defendants will pursue the matter.
Edit: Reading the DOJ press release and the way it’s worded I’m not so sure whether Kail was convicted of honest services fraud. It seems there was one count for which the jury did not return a guilty a verdict and I’d bet it was this one.
[1]https://en.m.wikipedia.org/wiki/Honest_services_fraud https://en.m.wikipedia.org/wiki/Honest_services_fraud
[2]https://en.m.wikipedia.org/wiki/Skilling_v._United_States https://en.m.wikipedia.org/wiki/Skilling_v._United_States
[3]https://en.m.wikipedia.org/wiki/Black_v._United_States https://en.m.wikipedia.org/wiki/Black_v._United_States
[4]https://en.m.wikipedia.org/wiki/Rod_Blagojevich_corruption_charges https://en.m.wikipedia.org/wiki/Rod_Blagojevich_corruption_c...