Monday, May 22, 2023

Supreme Court win: Percoco v. United States

Percoco v. United States, 598 U.S. ----, --- S.Ct. ----, S.Ct. No. 21-1158, 2023 WL 3356527 (May 11, 2023)

Defense win! Percoco was convicted, among other offenses, of honest services fraud under Second Circuit law that private citizens owe a duty of honest services to the public even when not in public employ or delegated public responsibilities if they “dominated and controlled any governmental business” and “people working in government actually relied on” them.  The Supreme Court found this theory void for vagueness and reversed and remanded because the instructional error was not harmless.

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