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Taking stock of fraud law and cases impacted by the SCOTUS Skilling ruling

By Douglas A. Berman

Today's Wall Street Journal includes this effective article headlined "Fraud Cases Get Rehashed After Court Ruling." Here are excerpts: Federal lawmakers and Justice Department officials are weighing new legislation to salvage a fraud statute used to pursue corporate and public corruption, as prosecutors grapple with the fallout of a Supreme Court ruling that weakened the law. The court's decision in June to limit prosecutions for honest-services fraud has affected cases against high-profile defendants such as former Enron Chief Executive Jeffrey Skilling, whose appeal was the basis for the ruling, and lesser-known ones such as Edward J. Price III, the former mayor of Mandeville, La. The law, making it a crime to deprive someone of the "intangible right of honest services," has long been used to prosecute officials or executives accused of placing their interests above those of taxpayers or shareholders...continue to full post

Full post as published by Sentencing Law and Policy on September 25, 2010 (boomark / email).