Skilling Ruling Puts Prosecutors On Short Leash: Attys

Law360, New York (June 24, 2010, 8:19 PM EDT) -- The U.S. Supreme Court's Thursday ruling that faulted the conviction of former Enron Corp. CEO Jeffrey Skilling and hobbled the controversial honest services fraud statute has disarmed prosecutors of an oft-used legal weapon, according to lawyers.

“It effectively takes a bludgeon out of the hands of aggressive federal prosecutors who viewed every conflict of interest as a theft of honest services,” said Jack Falvey, a partner in Goodwin Procter LLP's litigation group.

The statute, which explicitly prohibits any scheme or artifice to deprive another of the...
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