Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

A Court Again Quashes 'Doctrinal Novelty' By Prosecutors

By Joseph F. Savage, Jr. and Nomi Berenson
May 02, 2015

We've been down this road before: Congress enacts broad anti-fraud provisions and “creative” prosecutors, aided and abetted by compliant judges, invent crimes until told to stop. Stretching by prosecutors, and later contraction by some courts, has played out across a number of corruption related statutes, with courts ultimately requiring prosecutors to prove misconduct. For example, the U.S. Supreme Court decided in United States v. Sun-Diamond Growers of California (1999), that before the government may establish a violation of the federal bribery statute, it must prove a quid pro quo. Similarly, in United States v. McCormack (1991), the Court decided, contrary to the DOJ's view, that campaign contributions are only violations of the anti-fraud statute if there is a specific quid pro quo.

Again in McNally v. United States (1987), the Supreme Court struck down the expansive “honest services mail fraud doctrine.” Later, in Skilling v. United States (2010), it again limited the amorphous fraud provisions of the mail fraud statute to cases where the Government can prove a quid pro quo.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
New York's Latest Cybersecurity Commitment Image

On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.

Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office Image

A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.

Bit Parts Image

Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights

The Bankruptcy Hotline Image

Recent cases of importance to your practice.

Risks of “Baseball Arbitration” in Resolving Real Estate Disputes Image

“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.