Via WSJ Law Blog.
The Skilling ruling, we can say comfortably, was a win for defense lawyers and a blow to prosecutors. For a deeper level of sophistication, we interviewed Robert Plotkin, the head of McGuireWood’s SEC Enforcement group.
Plotkin knows the Enron case well, having defended Toronto Dominion Bank against civil fraud charges in connection with the Enron matter; the charges were dismissed.
LB: What does the court’s ruling mean for honest-services law?
Plotkin: This cuts back honest services fraud significantly. The majority opinion said the statute should be limited to cases involving alleged bribes and kickbacks. Skilling was not accused of that; he was said to have violated the honest-services law by depriving people of his responsibility as as officer of the company.
No comments:
Post a Comment