In Skilling v United States, 2010 WL 2518587 (US Jun 24, 2010), the United States Supreme Court significantly limited the scope of a criminal statute used frequently by federal prosecutors to criminalize a wide range of behavior by business executives and public officials.
In a post-Enron world, the reins have tightened on prosecutorial vigilantism.
On June 24, 2010, six Justices of the US Supreme Court defied the predictions of some court watchers by saving the so-called honest services fraud statute, 18 USC 1346 (Section 1346), from constitutional infirmity by narrowing its breadth to proscribe only bribes and kickbacks.
The Supreme Court last week, in the case of Skilling v United States and two companion cases, severely curtailed the reach of the federal mail and wire fraud statutes by confining the "intangible right of honest services" to only those schemes that involve bribes or kickbacks.
The Supreme Court has issued three opinions substantially limiting the breadth of "honest-services" fraud under 18 U.S.C. 1346.
On June 24, 2010, in a unanimous judgment, the Supreme Court ruled that 18 U.S.C. 1346 (“Section 1346”), also known as the "honest services" statute, can be used only to prosecute fraud involving bribery or kickbacks.
On June 24, the U.S. Supreme Court issued rulings in three significant cases involving honest services fraud under 18 U.S.C. 1346, which purported to criminalize behavior that deprives another of “the intangible right of honest services.”
On June 24, 2010, the Supreme Court issued three important decisions regarding 18 U.S.C. 1346, the federal statute that criminalizes “a scheme or artifice to defraud another of the intangible right of honest services.”
The Supreme Court today handed down opinions in three cases involving challenges to convictions under the Honest Services Fraud corollary to the mail and wire fraud statutes.
The implementation of codes of conduct and whistleblowing systems is expanding at the international level.