Tim O'Toole Quoted in Compliance Week Regarding Future of Honest Services Fraud Post-Skilling

"Fate of Honest-Services Fraud Uncertain Post-Skilling"
Compliance Week
10.12.10Tim O'Toole comments on the effects of the Supreme Court Decision in Skilling v. United States and the fate of the honest services fraud statute. "There have been a few cases where courts are asking for briefings in light of Skilling, but that's as far as it's gotten," says O'Toole, adding that there "hasn't been a huge onslaught of cases trying to overturn honest-services convictions." According to O'Toole, "The same cases are being brought trying to fit the conduct into the bribery or kickback mold, or they're being brought under other federal statutes." For instance, he says, other federal statutes, such as the bribery statute that applies to state and local officials and the federal Travel Act, are being used more frequently. And some prosecutors still try to "stretch the law just as far as it went before," he says.
Related Files
Related Links