Programs on Honest Services Fraud & Public Corruption

The Supreme Court’s decision in Skilling v. United States fundamentally altered the landscape of 18 U.S.C. § 1346 honest services fraud prosecutions. Cases and clients at every stage of the criminal adjudication process are affected by the Skilling decision and the uncertain state of law. Meanwhile, the Department of Justice and other organizations are lobbying for a Skilling-fix. NACDL opposes such a fix and any attempts to restore a limitless honest service fraud statute. This page includes recent news and programs on honest services fraud following the Skilling decision.

Post-Skilling Programs

NACDL's White Collar Summer Series: "A Conversation With Abbe David Lowell"  

This unique one hour program with prominent defense attorney Abbe D. Lowell discusses lessons learned from his defense of John Edwards, and other prominent politicians, and explores the overcriminalization implications of such prosecutions.  Click here to watch! 

Podcast: Andrew Wise & James Copland on Honest Services and the Ring Prosecution 

Andrew Wise, leading D.C. defense attorney at Miller Chevalier and James Copland, director of the Center for Legal Policy at the Manhattan Institute, discuss the 'Honest Services' Fraud Statute and Wise's defense of Kevin Ring, a former lobbyist who was involved in the Jack Abramoff Indian lobbying scandal. Click here for the audio! 

Public Corruption Hill Staffer Training: Have You Committed a Felony Today? 

Federal criminal laws present a labyrinth that is difficult for staffers to navigate in order to stay on the right side of the law.  On October 7, 2011, NACDL and the Heritage Foundation co-hosted a training on Capitol Hill to address this very issue.  This panel of experts explores the pitfalls facing Hill staffers in federal criminal law and shares insights on what staffers can do to avoid being prosecuted for how they do their job.  For anyone working on or around Capitol Hill, this must-see program will help you answer that critical question: Have you committed a felony today?  Click here for the video! 

Programs on Skilling v. U.S. Decision

On July 14, 2010, NACDL and the ABA Criminal Justice Section White Collar Crime Committee Public Corruption Subcommittee co-sponsored: Judgment Day: The Supreme Court Rules On Honest Services Fraud - Understanding the Outcome and Its Ramifications. This program, which is the first installment of NACDL's 2010 White Collar Summer Series, examined the Supreme Court's much anticipated ruling in Skilling v. United States, and the ramifications it will have on public corruption prosecution and defense.  

The panel was moderated by Ross H. Garber of Shipman & Goodwin LLP, and included Abbe David Lowell (McDermott Will & Emery), Timothy P. O'Toole (Miller & Chevalier), Ellen S. Podgor (Stetson University College of Law), and Cynthia Hujar Orr (President of NACDL). 

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Pre-Skilling Programs

Legislating Chaos: Has Congress Made Playing Hooky a Federal Crime?

An NACDL and Heritage Foundation jointly-sponsored program recorded on December 7, 2009, featuring Timothy P. O’Toole of Miller & Chevalier (Counsel for Defendant, United States v. Kevin Ring), John D. Cline of Jones Day (Amicus counsel for NACDL, Skilling v. United States), Thomas A. Hagemann of Gardere Wynne Sewell (Counsel for Defendant, United States v. Brown et. al.) and moderated by Shana–Tara Regon, Director of White Collar Crime Policy for NACDL.

Honest Services Fraud before the Supreme Court: What to Expect and What is at Stake

An NACDL and Washington Legal Foundation jointly-sponsored program recorded on December 2, 2009, featuring Jonathan Marcus of Covington & Burling (Amicus counsel for NACDL, Conrad Black v. United States), Richard Craig Smith of Fulbright & Jaworski (former Acting Chief and Principal Deputy Chief for Litigation, DOJ Fraud Section), Brady Dugan of Akin Gump Strauss Hauer & Feld (former Asst. U.S. Attorney, DOJ Antitrust Division), and moderated by the Honorable Richard Thornburgh of K&L Gates (former United States Attorney General).

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