Posted by Orin Kerr:
Will the Supreme Court Limit the Scope of the Honest Services Fraud Statute?:
http://volokh.com/archives/archive_2009_05_17-2009_05_23.shtml#1242675844
Back in February,[1] I blogged about Justice Scalia's dissent from
denial of certiorari in [2]Sorich v. United States, in which Justice
Scalia drew attention to the remarkably broad lower court precedents
interpreting the scope of honest services fraud. I wrote, " Go, Nino,
go. I hope this signals renewed interest in this statute -- and more
generally, in the need to construe criminal statutes narrowly."
In light of that dissent back in March, I was very interested to see
that today the Supreme Court granted certiorari in [3]Black v. United
States, a case challenging the conviction of Conrad Black, that will
raise some of these issues. The petition for certioari (with Miguel
Estrada as counsel of record) is [4]here. The lower court opinion, by
Judge Posner, is [5]here.
References
1. http://volokh.com/posts/1235428800.shtml
2. http://www.supremecourtus.gov/opinions/08pdf/08-410.pdf
3. http://origin.www.supremecourtus.gov/docket/08-876.htm
4. http://www.scotusblog.com/wp/wp-content/uploads/2009/05/08-876_pet1.pdf
5.
http://www.scotusblog.com/wp/wp-content/uploads/2009/05/08-876_lower_op.pdf
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