the intersection of federal $$$$ as the basis for prosecuting on honest services -from SLABBED archives May 18,2008

(Text  of archived post)

In the interest of we’re all in this together, I recently re-read the indictment in USA v Scruggs. However, it wasn’t until I re-read the Motion to Dismiss filed by the Defense on counts 2, 3, and 4 and the Government’s response, that I began to understand the implied authority in these counts that gave them added significance.

In that regard, however, there is a piece of the puzzle missing in both the motion and the response – the audit trail “when such state or local government or agency received in any one year period benefits in excess of $10,000 under a federal program”. Continue reading “the intersection of federal $$$$ as the basis for prosecuting on honest services -from SLABBED archives May 18,2008”

The Kings of Tort: Did Chapter Four (Paul Minor) provide honest service to the book’s readers? (Part 1 of 2)

For me, on Minor, the different jury instructions given on the same charges doesn’t sit well…

Comment to White Knight takes issue with author of Kings of Tort

The question posed in the title is not rhetorical but, instead, one for readers to decide – preferably after reading the information in this post. As Sop’s comment suggests, the hallmark of Minor’s second trial was same charges with different jury instructions.

The district court required quid pro quo for the same bribery charges in Mr. Minor’s first trial in 2005. As described by the April 17,2008 House Judiciary Committee Majority Staff Report for Chairman Conyers, in the first trial “Mr. Minor was acquitted of most charges while the jury hung on others. On retrial. after the presiding judge revised his evidentiary rulings and relieved the prosecution of the need to prove certain elements of the alleged [bribery] crime, Mr. Minor was convicted of what have been described as ‘vague’ charges based on alleged efforts to obtain an unfair advantage from the two lower court judges, again through loan guarantees, and again despite the fact that Mississippi law allows such guarantees.” Continue reading “The Kings of Tort: Did Chapter Four (Paul Minor) provide honest service to the book’s readers? (Part 1 of 2)”