The Honest-Services Statute Post-Skilling

Law360, New York (September 21, 2011, 12:09 PM EDT) -- It has been a little more than a year since the United States Supreme Court’s decision in Skilling v. United States purportedly remedied any unconstitutional vagueness in the honest-services statute. Yet since that decision, prosecutors and defendants in honest-services cases have been expending significant effort advocating the extent to which the underlying bribery or kickback scheme now essential to establish an honest-services offense requires proof of a quid pro quo.

Before Skilling, the government was engaged in the increasingly common practice of using the honest-services statute...
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