Episodes
Tuesday Dec 06, 2022
Tuesday Dec 06, 2022
Audio of Part 2: Skilling v. United States (2010) Majority Opinion
Jeffrey Skilling was a longtime officer of the seventh-highest revenue-grossing company in America, Enron Corporation. He served as CEO from February until August 2001, when he resigned
He was later convicted of conspiracy, securities fraud, making false representations to auditors, and insider trading. On appeal, he argued that the government prosecuted him under an invalid legal theory and that the jury was biased.
There were two questions before the Supreme Court in this case:
1) When a presumption of jury prejudice arises because of the widespread community impact and inflammatory publicity of the defendant's alleged conduct, can the government rebut the presumption of prejudice? If so, must the government must prove beyond a reasonable doubt that no juror was actually prejudiced?
2) Whether the federal "honest services" fraud statute, 18 U.S.C. § 1346, requires the government to prove that the defendant's conduct was intended to achieve "private gain" rather than to advance the employer's interests, and, if not, whether the statute is unconstitutionally vague.
The opinion of the Court was divided into three parts; parts one and two cover the facts of the case and answer the first question regarding juror bias. Part three addresses the second question before the Court regarding the federal "honest service" fraud statute.
I have divided this opinion into two episodes. Part One, which I read last episode, included parts one and two of the opinion, regarding the facts of the case and jury bias.
This episode, Part Two will cover part three of the opinion, regarding the federal "honest service" fraud statute. And like I mentioned last episode, this episode contains the part of the opinion that relates to a case before the Court this term, Percoco v. United States.
Access this SCOTUS opinion along with other essential case information on Oyez..
Music by Epidemic Sound
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