John C. Coffee Jr., the Adolf A. Berle professor of law at Columbia University Law School and director of its center on corporate governance, writes: "The Supreme Court has granted certiorari in, and will soon resolve, three related cases, all involving the scope of 'honest services' fraud under 18 U.S.C. §1346. By itself, this is unusual, because the Court usually takes only a single case and remands related cases for reconsideration in light of its decision. Also unusual is the fact that the Court is reconsidering the scope of mail and wire fraud, as §1346 was passed by Congress as a direct rebuff to the Supreme Court following the Court's last attempt (two decades ago) to trim the ineffably broad scope of the mail and wire fraud statutes."
New York Law Journal
November 19, 2009
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