SCOTUS to Take Up ‘Vague’ Fraud Law
The Supreme Court is set to hear three big cases charging that the anti-corruption laws are too vague and recent high-level prosecutions under them must be
The Supreme Court is set to hear three big cases charging that the anti-corruption laws are too vague and recent high-level prosecutions under them must be struck down.
The law at issue, an amendment to the Wire and Mail Fraud Act of 1988, makes it illegal for public or private employees to “deprive another of the intangible right of honest services.”
What exactly does that mean?
The Washington Post reports today that former newspaper tycoon Conrad Black is arguing that the government should have had to prove that he caused economic harm to his company, in addition to diverting company funds to himself.
Former Republican Alaska state representative Bruce Weyhrauch, meanwhile, argues no state law required disclosure of his private communications with an oil services firm, so he shouldn’t have been prosecuted for it, even though the firm was simultaneously lobbying him on a proposed tax bill.
And former Enron CEO Jeffrey Skilling claims the government failed to prove that he was trying to enrich himself, rather than just save the company, by his fraudulent accounting scheme that ultimately brought Enron down.
Justice Antonin Scalia has said that the law in dispute “invites abuse by headline-grabbing prosecutors in pursuit of local officials, state legislators and corporate C.E.O.’s who engage in any manner of unappealing or ethically questionable conduct.”
If the law is struck down, it could call into question other high-profile fraud convictions. The law was key to the prosecutions of former lobbyist Jack Abramoff, former Illinois governor George Ryan (R) and former Enron executives.
The same law is also central to the government’s plans to prosecute another former Illinois governor, Rod Blagojevich (D), who is accused of trying to auction off President Obama’s former U.S. Senate seat.
Black v. United States and Weyhrauch v. United States will be heard on Tuesday. Skilling v. United States is scheduled for argument in 2010.
Related
Rep. Paul Ryan to deliver SOTU response
Chairman of the House Budget Committee Rep. Paul Ryan (R-Wis.) will deliver the Republican response to the State of the Union Tuesday, according to Mike Allen
Rep. Parker Griffith (R-Ala.)
One of the most conservative Democrats in the House -- a freshman who said he couldn’t support Nancy Pelosi again -- is going to switch over to the GOP. Josh
Rep. Paulsen touts balanced budget constitutional amendment
In a post for the conservative blog True North , U.S. Rep
Rep. Patrick McHenry: Please, Conservatives, Fill Out Your Census Forms!
The conservative congressman from North Carolina, a constant critic of the census -- one of the people who sounded the alarm about politicization when the
Rep. Paulsen, Karl Rove the latest to get ‘glittered’
Rep. Erik Paulsen and former Bush staffer Karl Rove were both showered with glitter at the Midwest Leadership Conference Friday
Rep. Paulsen allies with medical device industry to relax FDA oversight
Source: Flickr; Republicanconference (www.flickr.com/photos/republicanconference) On the heels of the Minnesota Independent story last week about U.S. Rep. Erik Paulsen’s cozy financial relationship with the medical device industry, the New York Times reported Tuesday that some health professionals are alarmed by Paulsen’s push to relax Food and Drug Administration (FDA) oversight
Rep. Perlmutter criticizes House measure that would eliminate 800K federal jobs
Congressman Ed Perlmutter today issued a scathing statement criticizing the House of Representatives for passing a spending bill that could put nearly a million federal employees out of work. The Colorado delegation voted strictly on party lines, with all four Republicans voting in favor of the bill and the three Democrats voting in opposition. Perlmutter’s statement: “My number one priority is to get people back to work because that’s the best thing we can do to pay our debt and move forward toward economic stability
Rep. Perlmutter to hold constituent meet-up in grocery store
Colorado Congressman Ed Perlmutter will hold a Government in the Grocery constituent meet-up this evening from 5-7 at the Safeway at 38th and Wadsworth in Wheat Ridge. The address is 3900 Wadsworth. The meeting, where Perlmutter typically sits at a folding table and talks to whomever shows up, is free and open to the public
Rep. Pete Stark Won’t Dignify Constituent by, er, Micturating Upon His Leg
In the tradition of Rep. Barney Frank (D-Mass.), California Democratic Rep. Pete Stark revealed at a recent town hall gathering that there are limits to what
School of Hock
A growing number of college grads are defaulting on their student loans as the economy worsens.
