It didn't take long for California defense lawyers to take the Supreme Court's new honest services precedent out for a spin. The Court held last month that the "honest services" provision of the wire fraud statute is too vague and should only apply to cases involving bribery or kickbacks. The ruling prompted lawyers for recently convicted biotech executive Scott Harkonen to cite the new standard to a federal judge who is considering post-trial defense motions to throw out Harkonen's wire fraud conviction.
July 09, 2010 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
It didn’t take long for California defense lawyers to take the new honest services precedent out for a spin.
In remanding a conviction against former Enron CEO Jeffrey Skilling, the U.S. Supreme Court held last month that the “honest services” provision of the wire fraud statute is too vague. It should only apply to cases involving bribery or kickbacks, wrote Justice Ruth Bader Ginsburg (pdf).
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