Analysis

Silver Case Limits Graft Prosecutions, But Only A Bit

Law360 (January 23, 2020, 8:29 PM EST) -- The Second Circuit seemed animated by a desire not to appear soft on corruption in its ruling overturning former lawmaker Sheldon Silver's conviction on three counts, saying it was merely clarifying old concepts, not adding new ones, and adding encouraging words for prosecutors.

In a ruling Tuesday overturning the former New York Assembly speaker's conviction on three out of seven counts, the appeals court explained that prosecutors can go after officials for taking bribes to perform favors "as opportunities arise," but clarified that the expected favors need to relate to a specific "matter or question."

The phrase comes from the U.S. Supreme...

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