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The Supreme Court’s decision in Skilling v. United States fundamentally altered the landscape of 18 U.S.C. § 1346 honest services fraud and public corruption prosecutions. Cases and clients at every stage of the criminal adjudication process are affected by the Skilling decision and the uncertain state of law. Meanwhile, the Department of Justice and other organizations are lobbying for a Skilling-fix. NACDL opposes such a fix and any attempts to restore a limitless honest service fraud statute.
The Supreme Court’s decision in Skilling v. United States fundamentally altered the landscape of 18 U.S.C. § 1346 honest services fraud prosecutions. Cases and clients at every stage of the criminal adjudication process are affected by the Skilling decision and the uncertain state of law. Meanwhile, the Department of Justice and other organizations are lobbying for a Skilling-fix. NACDL opposes such a fix and any attempts to restore a limitless honest service fraud statute. This page recounts the Supreme Court's review of the Skilling case.
NACDL's section-by-section analysis of the Clean Up Government Act of 2011 (H.R. 2572) as introduced by Rep. Sensenbrenner (R-WI) and co-sponsored by Rep. Quigley (D-IL).
NACDL's Section-by-Section Analysis of H.R. 1793, Clean Up Government Act of 2011 (as originally introduced). Introduced by Rep. James F. Sensenbrenner (R-WI) and Co-Sponsored by Rep. Anthony D. Weiner (D-NY).
Letter to Senators Chuck Grassley and Patrick Leahy regarding proposals that overcriminalize and enhance penalties for public corruption charges, as addressed in the Public Corruption Prosecution Improvements Act (S. 401, 2011) and the Public Officials Accountability Act (S. 995, 2011).
Each Congress bills are introduced to address to create new and expanding existing public corruption laws.
The Supreme Court’s decision in Skilling v. United States fundamentally altered the landscape of 18 U.S.C. § 1346 honest services fraud prosecutions. Cases and clients at every stage of the criminal adjudication process are affected by the Skilling decision and the uncertain state of law. Meanwhile, the Department of Justice and other organizations are lobbying for a Skilling-fix. NACDL opposes such a fix and any attempts to restore a limitless honest service fraud statute. This page includes recent news and programs on honest services fraud following the Skilling decision.
The Supreme Court’s decision in Skilling v. United States fundamentally altered the landscape of 18 U.S.C. § 1346 honest services fraud prosecutions. Cases and clients at every stage of the criminal adjudication process are affected by the Skilling decision and the uncertain state of law. Meanwhile, the Department of Justice and other organizations are lobbying for a Skilling-fix. NACDL opposes such a fix and any attempts to restore a limitless honest service fraud statute. This page includes programs and press leading up to the Skilling decision.
Brief for Amicus Curiae National Association of Criminal Defense Lawyers (“NACDL”) in Support of Defendants-Appellants and Reversal
The Supreme Court’s decision in Skilling v. United States fundamentally altered the landscape of 18 U.S.C. § 1346 honest services fraud prosecutions. Cases and clients at every stage of the criminal adjudication process are affected by the Skilling decision. This bank is a compilation of post-Skilling honest services fraud filings and court decisions. Materials in this bank are sorted below by case name and by filing type. Each case has its own page containing basic case information and procedural history, attorneys’ names, and all the filings we have obtained from the case.
Board member Tim O'Toole's written statement to the House Judiciary Subcommittee on Crime, Terrorism, and Homeland Security regarding proposed changes to the laws governing public corruption charges, as outlined in the Clean Up Government Act of 2011 (H.R.2572).
Copenhaver et. al Indictment - conspiracy to commit mail fraud.
Letter with the Heritage Foundation to Senate Judiciary Committee Leadership regarding the redundancy of the Fraud Enforcement and Recovery Act (FERA) of 2009 (S. 386).
Board Member Tim O'Toole's testimony to the Senate Judiciary Committee Subcommittee on Crime, Terrorism, and Homeland Security, regarding combating corruption post-Skilling.
NACDL Board member Barry Pollack's written statement to the House Judiciary Committee regarding federal criminal fraud laws.
