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: Sentencing Law and Policy

Anyone have ideas how (and how many) federal fraud prosecutions will be impacted by Skilling?

By Douglas A. Berman

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Former Enron CEO Jeff Skilling's name will likely now remain (in)famous for a long time not just because of his role in Enron's collapse and his subsequent prosecution, but also because his case is now the chief one used by the Supreme Court to announce new rules concerning the reach and application of the federal "honest services" fraud statute (basics here, full opinion in Skilling here). Though I will need to read and re-read today's Skilling decision in order to be able to comment intelligently on its meaning and import, it is not too early to encourage readers to speculate about the ruling's potential impact. Specifically, there are two parts to my initial inquiry into the import and impact of Skilling: (1) just how might past white-collar convictions and sentences (and how many could) be attacked based on the ruling, and (2) just ho might future white-collar prosecutions be influences by the ruling...continue to full post

Full post as published by Sentencing Law and Policy on June 24, 2010 (boomark / email).