Editor’s Note: The NYU Law Program on Corporate Compliance and Enforcement (PCCE) is following the recent U.S. Supreme Court decisions in Percoco v. United States and Ciminelli v. United States, which narrow the scope of honest services fraud and eliminate the so-called “Right to Control” theory in federal fraud cases, respectively. Together, these two cases continue a trend of circumscribing the federal government’s ability to prosecute domestic public corruption in the United States. In this post, white dollar defense attorneys and former prosecutors provide their reactions to these cases.
From left to right: Carrie Cohen, Brian Jacobs, Brendan Quigley, Isabelle Kirshner, and Brian Linder (Photos courtesy of the authors’ firms)