This page includes press and commentary on honest services fraud and public
corruption before, leading up to, and following the U.S. Supreme Court's
decision in Skilling v. United States.
Post-Skilling Press and Commentary
is a campaign contribution a bribe?" The Washington Post,
August 12, 2012.
“Abbe Lowell: Prosecutors’ bad decisions should have real
costs,” The Washington Post, June 21, 2012. [Related
“Edwards Mistrial Puts Sharp Focus On Justice Department,” The
BLT: The Blog of LegalTimes, May 31, 2012. [More here]
experts question theory of Edwards case,” Politico,
April 25, 2012. [More coverage here and here]
“In Alabama, 2nd Corruption Trial Ends in Acquittals,” The
New York Times, March 7, 2012.
“Distinguishing between the ‘public corruption amendment’ and
fighting public corruption,” PointofLaw.com, February
“STOCK Act’s expansive jurisdiction could lead to abuse of
power,” NACDL’s Shana-Tara Regon, The Hill, February 10,
2012. [More commentary here]
"Stewart and Wayne: Broader DOJ Authority to Prosecute Public
Officials is Wrong Priority," Roll Call, November 30,
"Bruno Faces Retrial After Panel Vacates Corruption
Convictions," New York Law Journal, November 17, 2011.
[Opinion here and more
"Federal Judge Denies John Edwards’ Bid to Dismiss Campaign
Case," The Associated Press, October 27, 2011.
"Abramoff Associate Kevin Ring Sentenced to 20 Months in
Prison," Main Justice, October 26, 2011.
"Judge Rejects DOJ's Recommended Sentence for Ex-Abramoff
Associate," Main Justice, September 20, 2011. [Read the
Court's Sentencing Opinion here]
"Post-Skilling Government Approach – Depends on the Case,"
White Collar Crime Prof Blog, August 21, 2011.
"Congress, DOJ Grapple With Revising Corruption Laws,"
The BLT: The Blog of LegalTimes, July 26, 2011.
"John Edwards indicted on campaign finance charges,"
The Washington Post, June 3, 2011. [Indictment and more coverage here]
"11th Circuit Tosses Out Part of Scrushy Conviction,"
The Associated Press, May 11, 2011.
"Sixth Circuit Vacates Honest Services Wire Fraud and False
Statement Convictions of Former Tennessee State Senator," White
Collar Crime Prof Blog, April 15, 2011. The 6th Circuit decision is
"U.S. appeals court upholds Jeff Skilling conviction,"
Reuters, April 6, 2011. The 5th Circuit decision is available here. For more analysis, see
Prof. Ellen Podgor's "Commentary
on Skilling Remand Decision," April 7, 2011.
Mail Fraud Case Finally Dismissed," White Collar Crime Prof
Blog, March 15, 2011.
"Conrad Black Won't Be Retried on Honest Services Fraud Charges,
U.S. Says," Bloomberg, January 13, 2011.
fraud cases survive Skilling decision," The National
Law Journal, January 3, 2011.
Pre-Skilling Press and Commentary
NACDL sponsored programs held leading up to the U.S. Supreme Court's oral argument and decision in Skilling v. United States, including press calls, served as valuable resources for the significant media attention to this important matter, coverage of which yielded hundreds of news stories in the news cycles during and following the arguments. For example, Bloomberg Business Week covered the Skilling case in a March 1, 2010, article, Skilling Seeks New Trial Without ‘Tar and Feathers,’ which cited to comments by NACDL Board Member Timothy P. O’Toole. O’Toole was also a panelist at the December 7, 2009, NACDL/Heritage co-sponsored event on Capitol Hill, and appeared on December 8, 2009, on American Public Media’s public radio program, “Marketplace” on the subject of the Honest Services Fraud cases argued before the Supreme Court that day (“SC could scale back anti-corruption law”). Barry Pollack, Co-Chair At Large of NACDL’s White Collar Crime Section, got the last word in Enron’s hometown coverage in the Houston Chronicle, Did Skilling Get a Fair Shake Here?
In a McClatchy story, appearing in papers from Seattle to Miami, NACDL’s White Collar Crime Policy Director Shana-Tara Regon pointedly explained that “The statute is 28 words, and no one knows what it means.” (“Piece of ex-Alaska Rep. Weyhrauch's case goes to Supreme Court”) And NACDL member Bill Mateja penned an Op-ed in the Dallas Morning News, “Supreme Court should void 'honest services'” in which he also discusses NACDL’s important coalition work: “To this end, Congress heard testimony last summer from strange bedfellows who have formed a coalition to bring ‘overcriminalization’ to lawmakers' attention, namely, the American Bar Association, American Civil Liberties Union, Cato Institute, Constitution Project, Federalist Society, Heritage Foundation, National Association of Criminal Defense Lawyers, and Washington Legal Foundation.”