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Circuit Applies Skilling, Reverses Honest Services Conviction

By Candace Hom, Melinda Ghilardi, Nancy Rimmer, Sarah Gannett, Renee Pietropaolo and Tieffa Harper

In United States v. Riley, 2010 WL 3584066 (3d. Cir. Sept. 16, 2010), the Court held that the district court?s instruction to the jury that honest services fraud did not require scheme to defraud another to obtain money or property, and could instead be based on violation of duty of honest, faithful, and disinterested service, was plainly erroneous. Riley is the Third Circuit?s first application of the Supreme Court?s recent decision in Skilling v. United States, --- U.S. ----, 130 S.Ct. 2896 (2010), holding that to remain within constitutional limitations, the honest services statute at § 1346 is limited to ?fraudulent schemes to deprive another of honest services through bribes or kickbacks.?Defendants here were convicted of three counts of mail fraud as part of a scheme to convey City-owned property in violation of 18 U...continue to full post

Full post as published by Third Circuit Blog on October 05, 2010 (boomark / email).