A Philadelphia judge restored a former police detective’s retirement benefits after concluding that the theory under which she was convicted of honest services mail fraud has been found to be unconstitutional by the U.S. Supreme Court.
The high court ruled in the 2010 case of United States v. Skilling that a conflict-of-interest honest services fraud is void as a valid basis for a conviction, and that bribery and taking kickbacks are the constitutional bases for convictions of honest services fraud, Philadelphia Common Pleas Court Judge Leon W. Tucker said in an opinion required under Pennsylvania Rule of Appellate Procedure 1925.
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