Skilling v. United States
| Skilling v. United States | |
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| Argued March 1, 2010 Decided June 24, 2010 |
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| 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) |
| Holding | |
| 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.
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.
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