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News Releases

Releases

Gardere Attorney Tom Hagemann says Review of ‘Honest Services' Law Overdue
 
March 8, 2010 5:00 am

Former Enron CEO Jeffrey Skilling's bid for a new trial was bolstered this week when the U.S. Supreme Court heard oral arguments related to the federal "honest services" law. A reexamination of the law is imperative, says Gardere Wynne Sewell's Tom Hagemann, who tried United States v. Bayly, et al., the case that led on appeal to a wave of cases challenging private-sector honest services fraud prosecutions. "The statute is extraordinarily broad and arguably vague," he says. "The law prohibits employees from depriving employers ‘of the intangible right of honest services,' giving the government almost unbridled prosecutorial power to apply that ‘right' as it sees fit. While limiting principles may mean fewer prosecutions, they are long overdue." Hagemann explores these issues in his recent article, "The Sea and the Mirror: Some Reflections on Corporate Honest Services Fraud and the (Hypothetically) Innocent Corporation." To interview Mr. Hagemann, contact Rhonda Reddick at 800-559-4534 or rhonda@legalpr.com.


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