The Supreme Court should declare it unconstitutional rather than try to rewrite
January 18, 2010
"...In an unusual move, the U.S. Supreme Court has granted certiorari petitions in three separate honest services cases: U.S. v. Black, 530 F.3d 596 (7th Cir. 2008); U.S. v. Weyhrauch, 548 F.3d 1237 (9th Cir. 2008); and U.S. v. Skilling, 554 F.3d 529 (5th Cir. 2009). Two of those cases (Black and Weyhrauch) have been argued, and Skilling is to be argued in the spring. In the Skilling case, Jeffrey Skilling, the former president of Enron Corp., has clearly requested that the Court hold the statute unconstitutional because it is too vague to provide notice of what conduct is deemed potentially criminal."
Hervé Gouraige is a member in the Newark, N.J., and New York offices of Epstein Becker & Green and co-group leader of the firms' national litigation practice.