In a June 24, 2010 opinion, the U.S. Supreme Court has limited the scope of the crime of "honest services" fraud. The case involving a private sector actor (former Enron executive Jeffrey Skilling). To avoid unconstitutional vagueness, the Court found that this special type of fraud should be limited to instances of bribery and kickbacks.
The case before the United States Supreme Court involving public corruption (Weyrauch, see story below) was remanded for further consideration in light of the Skilling case.Read more »
The Hatch Act restricts some federal employees' partisan political activity as well as those of some state and local employees who work in connection with federally-funded programs.
How much of a commitment in exchange for campaign contributions constitutes a violation of federal laws relating to the honest services of public officials? The 9th Circuit shed light on that issue in US v. Inzunza, a case involving former San Diego elected officials.Read more »
In federal corruption cases, does there need to be an underlying violation of state ethics law? The United States Supreme Court is poised to answer that question. In late June of 2009, the US Supreme Court granted certiorari (review) in Weyhrauch v. United States (Docket number 08-1196). Read more »
(Four-page tipsheet): Provides a handy reference on the kinds of issues that ought to trigger a conversation with agency counsel or the Fair Political Practices Commission.
This fictional vignette offers thoughts on how an official might respond should a campaign supporter ask for something in return for campaign support. Download video »
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