Percoco v. United States

Brief of the National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Petitioner.

Brief filed: 09/07/2022


Percoco v. United States

United States Supreme Court; Case No. 21-1158


The Second Circuit’s reliance-and-control theory of honest services fraud epitomizes the dangers of importing equitable doctrines into the criminal law. That theory goes far beyond the core of honest services fraud. It is – by design – a fact-dependent, elastic theory incapable of precise definition. The Court should reject it and reaffirm that malleable equitable principles have no place in honest services fraud or the criminal law generally.


Steven F. Molo, MoloLamken LLP, New York, NY; Kenneth E. Notter III, MoloLamken LLP, Chicago, IL; Joshua L. Dratel, NACDL, New York, NY.

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