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By Shari Allison

In the prosecution of Jeffrey Skilling, former CEO of Enron, the government sufficiently complied with its Brady and Giglio obligations by providing the exculpatory material, along with hundreds of millions of pages of other documents, and left it to the defense to figure out what it wanted, the 5th Circuit held. The 5th reasoned that the government did not simply dump the material, but rather provided a searchable electronic file, a set of documents it thought important, indices, and access to databases of related litigation. Additionally, the government was in no better position than the defense to find relevant material, and there was no evidence the government tried to hide the exculpatory material in bad faith. However, Skilling's convictions, including one for "honest services fraud," were affirmed...continue to full post

Full post as published by Tenth Circuit Blog on January 27, 2009 (boomark / email).