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Percoco v. United States
Brief of the National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Petitioner.
Argument: 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.