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The Supreme Court today (June 24) dealt a major blow to "honest services fraud," a prosecutorial technique that has been used in some high-profile corruption cases in San Diego. It is too early to tell whether those specific cases will be affected, however. In the last couple of decades, prosecutors have used the concept to convict government officials or business executives on the notion that they have used their offices for self-enrichment rather than helping the public or their shareholders. The court unanimously said "honest services fraud" only applied when bribes or kickbacks were involved. The ruling could possibly help Jeffrey Skilling of Enron or media baron Conrad Black, but both were convicted on other charges. The top court made no ruling on whether either should have punishments reduced; their cases were sent back to lower courts.
According to a comprehensive article by Kelly Thornton for Voice of San Diego on December, 2009, former Congressman Randy (Duke) Cunningham pleaded guilty to honest services fraud, but to other charges, too. However, Kyle (Dusty) Foggo, a Cunningham pal, only pleaded guilty to honest services fraud. Thornton, however, said he might be charged with other crimes based on his admissions. Former Councilmember Ralph Inzunza was convicted on such charges but on others, too. Former Councilmember Michael Zucchet will be retried on two honest services counts. He could conceivably be helped greatly. Some Peregrine executives were also convicted on such charges, as were three Superior Court judges in the mid-1990s, according to Thornton's article.
The Supreme Court today (June 24) dealt a major blow to "honest services fraud," a prosecutorial technique that has been used in some high-profile corruption cases in San Diego. It is too early to tell whether those specific cases will be affected, however. In the last couple of decades, prosecutors have used the concept to convict government officials or business executives on the notion that they have used their offices for self-enrichment rather than helping the public or their shareholders. The court unanimously said "honest services fraud" only applied when bribes or kickbacks were involved. The ruling could possibly help Jeffrey Skilling of Enron or media baron Conrad Black, but both were convicted on other charges. The top court made no ruling on whether either should have punishments reduced; their cases were sent back to lower courts.
According to a comprehensive article by Kelly Thornton for Voice of San Diego on December, 2009, former Congressman Randy (Duke) Cunningham pleaded guilty to honest services fraud, but to other charges, too. However, Kyle (Dusty) Foggo, a Cunningham pal, only pleaded guilty to honest services fraud. Thornton, however, said he might be charged with other crimes based on his admissions. Former Councilmember Ralph Inzunza was convicted on such charges but on others, too. Former Councilmember Michael Zucchet will be retried on two honest services counts. He could conceivably be helped greatly. Some Peregrine executives were also convicted on such charges, as were three Superior Court judges in the mid-1990s, according to Thornton's article.