Federal prosecutors secured fraud convictions stemming from alleged corruption in international soccer. Then the justices ruled.
Although before trial the Court rejected some of the same legal arguments Defendants now renew in their post-trial motions, because of intervening Supreme Court decisions signaling limits on the scope of the honest services wire fraud statute, the Court grants Defendants’ motions and vacates their convictions.
In light of the Supreme Court’s 6-3 GOP supermajority, I should point out that the high court’s skepticism of expansive fraud prosecutions hasn’t fallen along partisan lines. Indeed, the justices’ recent votes on the subject have mostly been unanimous. Of course, that doesn’t make them correct — they just have the last word.
At any rate, because prosecutors are still unlikely to stop going after what they see as corrupt conduct, don’t expect this case to be the last one to effectively test the law’s limits.Jordan Rubin is the Deadline: Legal Blog writer. He was a prosecutor for the New York County District Attorney’s Office in Manhattan and is the author of “Bizarro," a book about the secret war on synthetic drugs. Before he joined MSNBC, he was a legal reporter for Bloomberg Law.
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