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After a highly-publicized, four-month trial in federal court in Chicago, Conrad Black and his codefendants were acquitted of almost all charges that they had looted Hollinger International Inc. (of which Black had been CEO). However, they were convicted of three counts of mail fraud related to payments they had received under non-compete agreements (and Black alone was convicted of one count of obstruction of justice). 1 The three mail fraud counts on which Black stands convicted were based on 18 U.S.C. §§1341 and 1346. The latter section supplemented the mail fraud statute in 1988 by defining a scheme to defraud to include depriving another of “the intangible right of honest services.” Although Black’s conviction on these three counts was affirmed by the Seventh Circuit in a decision written by Judge Richard Posner, on May 18, the Supreme Court granted the petition for certiorari by Black and two of his co-defendants to review the application of the “honest services” statute in their case. 2

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