The Supreme Court and Honest Services: Does the Skilling Decision Provide any Clarity or Fair Notice of What is Prohibited?

Program Number: 2054

Program Date: 07/22/2010

Description

The Supreme Court held in Skilling that honest services fraud under Section 1346 is defined by pre-McNally case law on bribes and kickback schemes. Whether this provides any more clarity and notice than before the Court's decision is an open question. The lengthy opinions do not define what constitutes bribery or a kick back scheme. Also left open is whether in fact a breach of fiduciary duty underlies these concepts and if so, the source of this law. Join Tom Gorman, a partner at Porter Wright Morris & Arthur LLP, and Frank Razzano and Jeremy Frey, both partners at Pepper Hamilton LLP, for this important program, which analyzes the High Court's honest services decision and explores key questions every practitioner must analyze when representing a client involving an honest services charge.

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Available in states

Arizona, California, Colorado Eligible, Florida, Georgia, Missouri, New Jersey Eligible, New York, Texas Self Study

Credit Information

50 minute credit hour - 1 General CLE credit
60 minute credit hour - 1 General CLE credit

State Program Numbers

Presenters


Jeremy D. Frey, Esq.

Pepper Hamilton LLP

Jeremy D. Frey, Esq., a partner in the Commercial Litigation and White Collar and Corporate Investigations Practice Groups of Pepper Hamilton LLP, and resident in its Philadelphia and Princeton offices, concentrates on corporate investigations, white collar criminal defense and complex civil litigation. Previously, he was the Assistant U.S. Attorney-in-Charge of the U.S. Attorney’s Office in Camden, New Jersey. Mr. Frey has taught at Rutgers University School of Law, has presented continuing legal education courses on criminal practice, federal sentencing guidelines, health care fraud, the attorney-client privilege, insider trading, e-discovery and broker-dealer registration, and sits on the Advisory Board of BNA’s White Collar Crime Report. He is also a trustee of the Association of the Federal Bar of New Jersey.

 

Thomas O. Gorman, Esq.

Dorsey & Whitney LLP

Thomas O. Gorman, Esq. is a partner in the Washington, D.C. office of Dorsey & Whitney LLP. Mr. Gorman, whose practice involves a wide range of civil and criminal securities and business litigation matters, including conducting internal corporate investigations, defending public companies and individuals in SEC and DOJ investigations, and defending securities class action and derivative suits, is Co-chair of the ABA White Collar Crime Securities Section, and a former member of the staff of the Securities and Exchange Commission's Enforcement Division and Office of the General Counsel. He is a frequent speaker and author of articles regarding securities litigation topics and publishes a blog (www.SECActions.com), which comments on trends and current events in SEC and DOJ securities enforcement investigations and actions. Among his other honors, and those awarded for his blog, he has been selected since 2007 for inclusion in Super Lawyers in the area of securities litigation and Washington Business Journal previously recognized him as one of the five top lawyers in Washington, D.C.

 

Frank C. Razzano, Esq.

Pepper Hamilton LLP

Frank C. Razzano, Esq. is a partner in the Washington office of Pepper Hamilton LLP, focusing his practice on civil, commercial and criminal litigation, with an emphasis on U.S. Securities & Exchange Commission enforcement. Previously an Assistant U.S. Attorney for the District of New Jersey and an Assistant Chief Trial Attorney at the U.S. Securities and Exchange Commission, he is an adjunct professor of law at the University of Maryland Law School. Mr. Razzano is also a frequent news commentator and writer on SEC enforcement and white collar issues and currently serves as the civil law editor for RICO Law Reporter.