Thursday, June 24, 2010
Supreme Court Decides Skilling Case
In an offshoot from the collapse of Enron Corporation, the Supreme Court has ruled that the conviction of Jeffrey Skilling for conspiracy to commit "honest-services" wire fraud must be reversed. However, it rejected his contention that he should have been granted a change of venue. The Supreme Court ruled that in order to bring a criminal charge for deprivation of honest services, the defendant must have received bribes or kickbacks from a third party which caused him to deprive his employer of honest services. Merely engaging in self-dealing is not sufficient to invoke the criminal penalty. The opinion can be found here. United States v. Skilling, 561 U.S. ____ (6/24/10).