Closing The Skilling Gap

Law360, New York (October 26, 2010, 1:54 PM EDT) -- Consider two hypotheticals: 1) A mayor secretly creates his own company and uses the power of his office to funnel city contracts to that company; and 2) a corporate executive with an interest in an undisclosed side business diverts lucrative contracts from his corporation to the side business for his own personal financial gain.

Did the mayor and the executive both commit a federal crime, punishable by up to 20 years in prison?

A few months ago, the answer might have been “yes.” But then along...
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