Attorneys in SCOTUS’ Honest-Services Cases Discuss Future of Fraud Prosecutions

The U.S. Supreme Court today narrowed the honest-services fraud statute in rulings that favored Enron’s Jeff Skilling, former Alaska legislator Bruce Weyhrauch, newspaper mogul Conrad Black and Hollinger International general counsel Mark Kipnis.

This afternoon, ABA Journal Podcast moderator Stephanie Francis Ward spoke with attorneys who participated in these cases about the future of fraud prosecutions. Business of Law reporter Rachel Zahorsky (@LawScribbler) tweeted their conversation live.

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In This Podcast:

Stephanie Francis Ward
Donald B. Ayer is a partner at Jones Day’s Washington, D.C., office. He represents Bruce Weyhrauch, a former Alaska legislator charged with public corruption under the honest-services law. Ayer argued that the federal statute should not apply in public corruption cases where there’s no allegation that the defendant violated state law.

Ronald S. Safer, a partner with Chicago’s Schiff Hardin, represents Mark S. Kipnis, one of four defendants in the Conrad Black v. U.S. case. Kipnis, a former Hollinger International general counsel, was convicted of fraud under the honest-services statute, for allegedly helping arrange illegal payments to executives.

Ann Weismann is chief counsel of Citizens for Responsibility and Ethics in Washington. The organization submitted an amicus brief supporting the government in Conrad Black v. U.S.