Skilling v. United States

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Skilling v. United States
Seal of the United States Supreme Court.svg
Argued March 1, 2010
Decided June 24, 2010
Full case name Jeffrey K. Skilling v. United States
Docket nos. 08-1394
Citations 561 U.S. 358 (more)
Prior history Convictions affirmed, 554 F. 3d 529 (CA5), cert. granted, 558 U. S. ___ (2009)
Subsequent history Prison term of Jeffrey Skilling reduced from 24 years and 4 months to 14 years (minus time served)
Pretrial publicity and community prejudice did not prevent Skilling from obtaining a fair trial. However, the honest services fraud statute, 18 U.S.C. §1346, is properly confined to cover only bribery and kickback schemes, which do not include Skilling's alleged misconduct. So construed, §1346 is not unconstitutionally vague. Court of Appeals for the Fifth Circuit affirmed in part, vacated in part, and remanded.
Court membership
Case opinions
Majority Ginsburg, joined by Roberts, Stevens, Scalia, Kennedy, Thomas, Alito (part I); Roberts, Scalia, Kennedy, Thomas (part II); Roberts, Stevens, Breyer, Alito, Sotomayor (part III)
Concurrence Scalia, joined by Thomas; Kennedy (except part III)
Concurrence Alito
Concur/dissent Sotomayor, joined by Stevens, Breyer
Laws applied
U.S. Const. amend. V; 18 U.S.C. § 1346

Skilling v. United States, 561 U.S. 358 (2010), was a United States Supreme Court case interpreting the honest services fraud statute, 18 U.S.C. § 1346. The court held, in the case involving former Enron CEO Jeffrey Skilling, that the honest services fraud statute, which prohibits "a scheme or artifice to deprive another of the intangible right of honest services", covers only bribes and kickback schemes. Ultimately, Skilling's sentence was reduced by 10 years as a result.


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