NACDL - United States v. Brown

United States v. Brown

NACDL amicus curiae brief arguing that the appellants were prosecuted under novel theories that expanded the wire fraud statute, i.e., that the appellants engaged in a scheme to deprive Enron of a “property right” to receive a full and fair report of the corporation’s “full and accurate economic information” and deprived the company of an intangible right of honest services of its employees.

United States v. Brown

Brief Details

Case No.: 05-20319
Brief Filed: August 04, 2005
Jurisdiction: 5th Circuit Court of Appeals

Key Topics in the Brief

White Collar

Briefs

Brown_Amicus.pdf

Argument(s)

Brief argues that the wire fraud statute (18 U.S.C. §1343) neither creates nor protects a “property right” to “accurate financial information”; that the phrase “scheme to defraud” as used in the statute is limited to schemes in which the defendant obtains money or property; and last, that the jury instructions erroneously extended liability for deprivation of honest services to defendants who worked openly with company employees to the company’s and shareholders’ benefit.