Skilling v. United States
|Skilling v. United States|
|Argued March 1, 2010
Decided June 24, 2010
|Full case name||Jeffrey K. Skilling v. United States|
|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.|
|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)|
|Concur/dissent||Sotomayor, joined by Stevens, Breyer|
|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.
In light of the court's findings, a similar case, Weyhrauch v. United States, involving former Alaska representative Bruce Weyhrauch, was returned to the United States Court of Appeals for the Ninth Circuit where federal charges were eventually dropped.
- Liptak, Adam (June 24, 2010). "Justices Limit Use of 'Honest Services' Law Against Fraud". The New York Times. Retrieved March 28, 2017.
- Miller, Matt (February 17, 2016). "Former Juneau lawmaker fined $18K for allegedly helping oil companies while seeking oil jobs". KTOO. Retrieved March 28, 2017.
- Murphy, Kim (October 22, 2011). "Corruption case against former Alaska legislator crumbled". Los Angeles Times. Retrieved March 28, 2017.
- Amanda Becker, Lawyers prepare to reopen 'honest services' cases in wake of Supreme Court ruling, Washington Post, August 9, 2010
- Artur Davis, Court could redefine insider trading. MarketWatch, March 11, 2011
- Nicholas J. Wagoner, Honest-Services Fraud: The Supreme Court Defuses the Government's Weapon of Mass Discretion in Skilling v. United States, South Texas Law Review, Vol. 51, No. 4 (Winter 2010), p. 1121
- Thomas P. Cimino, Jr., Junaid A. Zubairi, Rachel C. Adamczyk, Rachel T. Copenhaver, Vedder Price, Supreme Court Limits Scope of “Honest Services” Statute - Skilling v. United States. National Law Review, September 8, 2010
- Justice Department Seeks a Broader Fraud Law to Cover Self-Dealing, New York Times, September 28, 2010
- Wesley Burrell, The Right-to-Honest-Services Doctrine—Enron’s Final Victim: Pure Void-for-Vagueness in Skilling v. United States, 44 Loy. L.A. L. Rev. 1289 (2011). Available at: http://digitalcommons.lmu.edu/llr/vol44/iss3/19