JUNE 25 2010

1. Confusion Reigns in Wake of Supreme Court Rulings on
Honest-Services Fraud
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1. Confusion Reigns in Wake of Supreme
Court Rulings on Honest-Services Fraud
by Roger Shuler for Legal Schnauzer

....Where does that leave supporters of the defendants in the
Siegelman and Minor cases? Confused mostly. A headline in today's
Birmingham News states: "Ruling Could Help Siegelman Appeal."
That, unfortunately, is misleading.

Reporter Mary Orndorff quotes a Siegelman lawyer as saying
Thursday's rulings do not address the statute in the
campaign-contribution context, so that might enhance the chances of
the high court hearing Siegelman's appeal.

That might be the case. But honest-services fraud no longer is a
factor in Siegelman's case--at least for him personally. As we reported
back in December, the U.S. 11th Circuit Court of Appeals already has
overturned the honest-services fraud convictions against Siegelman,
so that no longer is a direct issue in his case. The counts that were
upheld against Siegelman involved mainly bribery.

To make matters even more murky, however, the honest-services
convictions against Richard Scrushy, Siegelman's codefendant, were
upheld. So the statute does remain a factor in the broad Siegelman
case.

.....In other words, the U.S. Supreme Court should not be fooling with
the Siegelman and Minor cases. All defendants should have been
free months ago. The real issue in the Siegelman and Minor cases is
not the vagueness of the honest-services law, but the corruptness of
the federal prosecutors and judges who handled the cases.

That's the real elephant in the room in these cases--and the U.S.
Supreme Court probably wants no part in addressing that. It should
be addressed by Congress and the U.S. Justice Department. Until that
happens, justice will not be fully served.


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image: Glynn Wilson
"Everybody knows bribery is a
crime. But nobody from President
Obama to small town mayors
thinks if you appoint someone to
office who gave you a
contribution, that it's a crime,"
Kilborn said.