The U.S. Supreme Court is considering a challenge to the honest-services-fraud statute, 18 U.S.C. Section 1346. In Percoco v. United States, the court must determine whether the statute applies only to public officials, or if it can apply to private citizens acting with influence over public officials.

Joseph Percoco previously served as former New York Gov. Andrew Cuomo’s highest executive officer, executive deputy secretary. He then left that role for an eight-month stint as the campaign manager for Cuomo’s reelection campaign. In this second role, and while no longer on the state’s payroll, Percoco accepted $35,000 in exchange for helping a real estate developer obtain a release from certain local labor-law duties. Specifically, days before resuming his duties as the executive deputy secretary, he instructed another member of Cuomo’s administration to permit the developer’s release.

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