Prosecutors Should Be Wary Of Overreach After Marinello

Law360 (March 30, 2018, 11:26 AM EDT) -- On March 21, the U.S. Supreme Court rejected the government’s broad interpretation of a criminal tax obstruction statute and overturned a courier freight service operator’s three-year prison sentence in a decision that may have implications for the government’s recent interpretation of omnibus criminal statutes, such as the “conspiracy to defraud the United States” clause of Section 371, in special counsel Robert Mueller’s indictments, and in the case involving alleged leaks from the Public Company Accounting Oversight Board. The Supreme Court’s Marinello decision is the latest warning about prosecutorial overreach where the government adopts broad interpretations of broad statutory language.

The government...

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