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- Title
CRIMINALIZING THE DENIAL OF HONEST SERVICES AFTER SKILLING.
- Authors
Sheyn, Elizabeth R.
- Abstract
This Article analyzes the U.S. Supreme Court's recent and groundbreaking decision in Skilling v. United States, which limited the application of the honest-services-fraud statute to schemes to defraud involving bribes or kickbacks. Most significantly, the Court rejected the notion that the statute applied to "undisclosed self-dealing by a public official or private employee-i.e., the taking of official action by the employee that furthers his own undisclosed financial interests while purporting to act in the interests of those to whom he owes a fiduciary duty." The Skilling Court called on Congress to "speak more clearly" if it desired the statute "to go further." Further, this Article strives to provide an outline of the new honest- services statute that Congress should enact to replace the current, eviscerated statute. In doing so, it first traces the development of the intangible-rights theory from its inception until present day. Then, it analyzes the Court's decision in Skilling. In light of Skilling, this Article examines the potential alternative means through which the government can pursue criminal conduct relating to the denial of honest services. Finally, this Article evaluates the cases that the new honest-services-fraud statute should address, provides recommendations for reform of the statute, and applies these recommendations to a recently proposed statute-the Honest Services Restoration Act.
- Subjects
UNITED States; UNITED States. Supreme Court; FRAUD laws; KICKBACKS; BRIBERY; STATUTES
- Publication
Wisconsin Law Review, 2011, Vol 2011, Issue 1, p27
- ISSN
0043-650X
- Publication type
Article