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Jeffrey Keith Skilling is an American businessman and convicted felon who was the CEO of Enron Corporation during the Enron scandal. In 2006,he was convicted of federal felony charges relating to Enron's collapse and eventually sentenced to 24 years in prison. The US Supreme Court heard arguments in the appeal of the case March 1,2010. On June 24,2010,the Supreme Court vacated part of Skilling's conviction and transferred the case back to the lower court for resentencing.
Dowling v. United States,473 U.S. 207 (1985),was a United States Supreme Court case that discussed whether copies of copyrighted works could be regarded as stolen property for the purposes of a law which criminalized the interstate transportation of property that had been "stolen,converted or taken by fraud" and holding that they could not be so regarded under that law.
Richard Marin Scrushy is an American businessman and convicted felon. He is the founder of HealthSouth Corporation,a global healthcare company based in Birmingham,Alabama. In 2004,following an investigation by the Federal Bureau of Investigation (FBI),Scrushy was criminally charged by the U.S. Securities and Exchange Commission (SEC). Scrushy was charged with 36 of the original 85 counts but was acquitted of all charges on June 28,2005,after a jury trial in Birmingham.
Thomas Bailey Murphy was an attorney and American politician from the U.S. state of Georgia. Murphy was the Speaker of the Georgia House of Representatives from 1973 until his defeat in the general election of 2002,making him the third longest serving House Speaker of any U.S. state legislature,behind only Michael Madigan of Illinois and Solomon Blatt of South Carolina. He was a member of the Democratic Party.
Charles W. Walker Sr. is a former state senator in the legislature of the state of Georgia. He was first elected in 1990. In 1996,he became Georgia's first African-American Senate Majority Leader. Walker is a Democrat and is from Augusta,Georgia.
The trial of Kenneth Lay,former chairman and CEO of Enron,and Jeffrey Skilling,former CEO and COO,was presided over by federal district court Judge Sim Lake in 2006 in response to the Enron scandal.
Bruce Weyhrauch is an attorney in Juneau,Alaska,United States. He is also a former representative in the Alaska State House representing Juneau's District 4. Weyhrauch has practiced at his own law office in Juneau for nearly three decades. His regulatory and government affairs-focused practice handles a wide variety of matters,including labor relations and natural resources.
Sergey Aleynikov is a former Goldman Sachs computer programmer. Between 2009 and 2016,he was prosecuted by NY Federal and State jurisdictions for the same conduct of allegedly copying proprietary computer source code from his employer,Goldman Sachs,before joining a competing firm. His first prosecution in federal court in New York ultimately resulted in acquittal by the United States Court of Appeals for the Second Circuit. The outcome of his second prosecution and trial in New York state court was a split verdict dismissed by court,which acquitted him on all counts. One count in that order of dismissal was later overturned by New York Court of Appeals,which took a very broad interpretation of the statute,and on recommendation of prosecutors he was sentenced to time served without punishment. The same New York Court of Appeals denied his petition to appeal on double jeopardy grounds. His story inspired Michael Lewis's bestseller Flash Boys.
Black v. United States,561 U.S. 465 (2010),is a white-collar criminal law case decided by the United States Supreme Court dealing with businessman Conrad Black's fraud trial. Along with two companion cases—Skilling v. United States and Weyhrauch v. United States—it dealt with the honest services provision,18 U.S.C. § 1346.
Honest services fraud is a crime defined in 18 U.S.C. § 1346,added by the United States Congress in 1988,which states "For the purposes of this chapter,the term scheme or artifice to defraud includes a scheme or artifice to deprive another of the intangible right of honest services."
McNally v. United States,483 U.S. 350 (1987),was a case in which the United States Supreme Court decided that the federal statute criminalizing mail fraud applied only to the schemes and artifices defrauding victims of money or property,as opposed to those defrauding citizens of their rights to good government. The case was superseded one year later when the United States Congress amended the law to specifically include honest services fraud in the mail and wire fraud statutes.
Skilling v. United States,561 U.S. 358 (2010),is a United States Supreme Court case interpreting the honest services fraud statute,18 U.S.C. § 1346. The case involves former Enron CEO Jeffrey Skilling and the honest services fraud statute,which prohibits "a scheme or artifice to deprive another of the intangible right of honest services". The Court found the statute vague,meaning it was written in a manner that almost anyone could be convicted of the statute by engaging in most legal activities. However,the Court refused to void the statute as unconstitutionally vague. The Court decided to limit the application of the statute only to defendants who hold a fiduciary duty and they participate in bribery and kickback schemes. The Court supported its decision not to rule the statute void for vagueness on its obligation to construe and not condemn Congress' laws. Ultimately,Skilling's sentence was reduced by 10 years as a result.
Cleveland v. United States,531 U.S. 12 (2000),was a United States Supreme Court case that concerned the definition of "property" under the federal mail fraud statute. In a unanimous decision,the Court held that "property" for the purposes of federal law did not include state video poker licences because such transactions were not a vested right or expectation.
Several statutes,mostly codified in Title 18 of the United States Code,provide for federal prosecution of public corruption in the United States. Federal prosecutions of public corruption under the Hobbs Act,the mail and wire fraud statutes,including the honest services fraud provision,the Travel Act,and the Racketeer Influenced and Corrupt Organizations Act (RICO) began in the 1970s. "Although none of these statutes was enacted in order to prosecute official corruption,each has been interpreted to provide a means to do so." The federal official bribery and gratuity statute,18 U.S.C. §201,the Foreign Corrupt Practices Act (FCPA) 15 U.S.C. §78dd,and the federal program bribery statute,18 U.S.C. §666 directly address public corruption.
McDonnell v. United States,579 U.S. ___ (2016),was a United States Supreme Court case concerning the appeal of former Virginia Governor Robert F. McDonnell's conviction under the Hobbs Act. At issue on appeal was whether the definition of "official act" within the federal bribery statutes encompassed the actions for which McDonnell had been convicted and whether the jury had been properly instructed on this definition at trial.
Pasquantino v. United States,544 U.S. 349 (2005),is a United States Supreme Court case in which the Court held that a plot to defraud a foreign government of tax revenue violates the federal wire fraud statute.
References
- ↑ "Members Of The General Assembly Of Georgia - Senate and House Of Representatives - First Session of 1993- 1994 Term". State of Georgia. January 1993. Retrieved April 16, 2018.
- 1 2 Sandy Hodson; Tom Corwin; Sylvia Cooper (May 5, 2005). "Williams is guilty on all 17 charges". The Augusta Chronicle. Archived from the original on September 5, 2008. Retrieved April 16, 2018.
- ↑ "FORDHAM v. UNITED STATES - United States Court of Appeals, Eleventh Circuit. John Duncan FORDHAM, Robin L. Williams, Petitioners–Appellants, v. UNITED STATES of America, Respondent–Appellee". FindLaw. January 31, 2013. Retrieved June 4, 2018.
- ↑ Sandy Hodson (September 25, 2011). "Trio of convicted Augusta politicians await release from prison". The Augusta Chronicle. Retrieved April 29, 2018.