Corporate
Nov. 17, 2010
The Struggle to Revive 'Honest Services'
Exchanging "honest services" for "intellectual property rights" still raises the same constitutional issues in self-dealing. By Jeffrey Hamlin of Ifrah Law.
Earlier this year, the U.S. Supreme Court, in the much-watched case of former Enron executive Jeffrey Skilling, limited the federal "honest services" statute to traditional or "paradigmatic" bribery and kickback schemes. The criminal statute prohibits "a scheme or artifice to deprive another of the intangible right of honest services." Skilling and others contended that the statute was unconstitutionally vague. The...
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