How the Skilling Ruling Limits White-Collar Cases
Prosecutions for mail and wire fraud are a staple of white-collar crime cases, and many involve the deprivation of the “right of honest services.” In Skilling v. United States, the case brought by Jeffrey K. Skilling, Enron’s former chief executive, the Supreme Court narrowed the scope of honest services fraud, making it more difficult for prosecutors to pursue criminal cases against corporate executives for misconduct that does not involve lining their own pockets.
Under the court’s analysis, evidence that an executive had a conflict of interest or acted against the best interests of the company and its shareholders is now insufficient to make out a case of mail or wire fraud.
