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Monday, June 28, 2010

Supreme Court makes it harder to convict corrupt politicians

Last week, the U.S. Supreme Court struck down portions of a statute that made it easier for prosecutors to get convictions in several high-profile public corruption cases. The law, known as “honest-services fraud”, was found by the court to be overly vague.

The high court narrowed the mail-fraud statute that makes it a crime to deprive the public of the "right of honest services." All nine justices agreed that public officials and corporate executives cannot be convicted of defrauding the public unless they took a bribe or kickback. Secret deals or conflicts of interest, the court said, are not a crime unless there is a direct payoff.

Did you follow that? It's legal for public officials to help campaign contributors or make handshake deals behind closed doors, as long as there isn't a direct bribe involved. That narrows the definition considerably, because public officials will have to actually get paid directly for taking a specific action to be convicted. As reported by the Inquirer over the weekend, this narrow interpretation means that some local officials could see their sentenced reduced.

It might result in some relief for former City Treasurer Corey Kemp, serving a 10-year sentence, and former City Councilman Rick Mariano, who was sentenced to 61/2 years in prison.

And it might help get a new trial for Thomas Carbo, a Devon contractor awaiting sentencing after a 2006 mail-fraud conviction that stemmed from a sweeping investigation of municipal corruption in Norristown.

It also might have some impact on the Luzerne County "kids for cash" case against two judges who allegedly took kickbacks to keep two juvenile jails full, perhaps forcing prosecutors to file revised charges.

However, the article notes that Sen. Vince Fumo was found guilty on 137 charges that didn't include “honest-services fraud.” His sentence is not likely to be reduced. The same can be said for State Rep. Mike Veon and other defendants in the ongoing “Bonusgate” investigation. These convictions are based on state law that probably won't be impacted by the court ruling.

Hopefully, this ruling won't make it harder to catch the misdeeds of public officials. The “honest-services fraud” statute was clearly a useful tool for prosecutors. Now, the challenge will be building narrower cases on specific charges and making them stick in court. Of course, the change in the law also might mean that prosecutors will have to build stronger cases against thieving politicians, resulting in more convictions that actually stick.

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Posted by Ben Waxman @ 9:18 AM  Permalink | 4 comments
Comments   
  • 0 like this / 0 don't   •   Posted 9:40 AM, 06/28/2010
    Not really, this ruling makes prosecutors work harder to get a conviction - they must produce evidence to convict instead of relying on a honest fraud statute that turned out to be too vague. It is like cheating on your chemistry test so that you can be over the hump and done with the meddlesome course. Make those prosecutors work like they fear their first grade teacher's after school detention for no homework handed in!
    — James
  • 0 like this / 0 don't   •   Posted 11:16 AM, 06/28/2010
    OPM Fumo and Blagojevich took people's money...Rendell has taken lives. His crimes are much greater and much more horrible. For years now he's been responsible for the release of thousands of repeat violent State Inmates back out into our neighborhoods to save MILLION$ in State Budget funds for his "No Bid" and over $60 MILLION in other "Inappropriate" Contracts the State Auditor General has repeatedly denounced him about. The State Law regarding "Involuntary Manslaughter" should be investigated...as well as "Civil Rights Violations". The Body Count has gone up with such Parolee Murders like Nyesha Whitney (the mother of a newborn son) by Aaron Porter, who is already on Parole for Murder and ,of course, was "Minimum Supervision". Remember all the other names? Remember Carrisquillo (Rapist),Shaw (Frankford Rapist),don't forget Burgess (Serial Killer and Rapist); Giddings, Cain, Warner(COP KILLERS);Wilson,Norman,Magee,Lassister,Hill,Trinsey,Wise,Latham, Bryant and the 4 out of the 5 gunmen who murdered "Piggy" the mother of 4 children(All are Shoot-Out Artists and again were under State Parole "Supervision"). Why are so few Parole Violators being sent back to prison for serious offenses and even kept on the street while they have new open court cases...like Carrisquillo? Why are there so few State Parole Field Agents in Killadelphia? Why are 2,000 State Inmates being released each month? As Mr. Schwartz stated... the FEDs have to clean up this CORRUPTION...everybody else was told over 2 ½ YEARS ago in writing, with evidence, and they've (Nutter, Corbett, State Legislature) done nothing to stop it. Studies...proposed legislation...it’s all more opiate for the masses. If you agree with all this evidence...Please hit the "Email this" Button above and ASKdoj@usdoj.gov to investigate this BLOODY SCANDAL (215-861-8200). Maybe the U.S. Attorney General (Eric Holder) will listen...He's our last Hope. OPM Rendell should join OPM Fumo in Prison.
    — John Law
  • 0 like this / 0 don't   •   Posted 10:27 PM, 07/08/2010
    Laws should be clear and easily understood by the everyday citizen. When they are not, we are on a slippery slope to doomsday.
    — Taxpaying Voter
  • 0 like this / 0 don't   •   Posted 6:06 AM, 07/09/2010
    John Law posting at 11 15 am aren't you wasting the tax payers $$$ by blogging during work hours? oh that's right your above the law because you think you inforce the Law. We are all watching you!!!
    — topaj


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