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Criminal Law And Procedure, Virginia B. Theisen, Stephen R. Mccullough
Criminal Law And Procedure, Virginia B. Theisen, Stephen R. Mccullough
University of Richmond Law Review
The authors have endeavored to select from the many cases and bills those that have the most significant practical impact on the daily practice of criminal law in the Commonwealth. Due to space constraints, the authors have stayed away from discussing settled principles, with a focus on the "take away" for a particular case.
Honest Services After Skilling: Judicial, Prosecutorial And Legislative Responses, Iris E. Bennett, Jessie K. Liu, Cynthia J. Robertson, Govind C. Persad
Honest Services After Skilling: Judicial, Prosecutorial And Legislative Responses, Iris E. Bennett, Jessie K. Liu, Cynthia J. Robertson, Govind C. Persad
Sturm College of Law: Faculty Scholarship
In Skilling v. United States, the U.S. Supreme Court substantially narrowed the reach of the “honest services fraud” statute, 18 U.S.C. § 1346, by holding that it applies only to “bribery and kickback schemes,” not to “undisclosed self-dealing by a public official or private employee.” Skilling v. United States, 130 S. Ct. 2896 (2010). Two companion cases also were decided the same day. See Black v. United States, 130 S. Ct. 2963 (2010); Weyhrauch v. United States, 130 S. Ct. 2971 (2010). These decisions have major significance for federal fraud prosecutions.
Australian Social Security Crimes : Basic Concepts And Understandings For Non-Legal Practitioners, Chuen-Tat Kang
Australian Social Security Crimes : Basic Concepts And Understandings For Non-Legal Practitioners, Chuen-Tat Kang
Kang Chuen Tat (江俊达)
Social security crimes could be committed intentionally or unintentionally by the claimant. Those who were facing charges by the plaintiff of Commonwealth Australian government Director of Public Prosecution (DPP) could experienced certain degree of anxiousness if without sufficient legal knowledge to understand the basic human rights available to defend oneself from being accused in law court. Limitation of legal assistance from the community legal centers would encourage do-it-yourself independent legal studies habit, where the defendant may need to prove the absence of dishonesty in the crime commitment. The article provides basic information on the social security crimes for those non-legal …
Quebec's Sales Recording Module (Srm): Fighting The Zapper, Phantomware, And Tax Fraud With Technology, Richard Thompson Ainsworth
Quebec's Sales Recording Module (Srm): Fighting The Zapper, Phantomware, And Tax Fraud With Technology, Richard Thompson Ainsworth
Faculty Scholarship
No abstract provided.
New Fraud And Identity-Related Crimes In New South Wales, Alex Steel
New Fraud And Identity-Related Crimes In New South Wales, Alex Steel
Alex Steel
The Crimes Amendment (Fraud, Identity and Forgery Offences) Act 2009 commenced on 22 February 2010. It represents a significant change to fraud offences in New South Wales. The Act codifies dishonesty in line with the Ghosh test, replaces over 30 fraud offences with one main offence based on deceptively obtaining financial advantage, rewords the forgery offences and introduces a suite of identity crime offences. The Act continues to move away from offences based on common law larceny and interference with property rights toward general offences based on a statutory defined concept of dishonesty. However, larceny and related offences have been …
An Honest Services Debate, Sara Sun Beale
An Honest Services Debate, Sara Sun Beale
Faculty Scholarship
This commentary employs a fictional debate to explore the issues raised by the Supreme Court’s decision in Skilling v. United States, 130 S. Ct. 2896 (2010), which dramatically cut back on “honest services” prosecutions under the mail and wire fraud statutes. In response to an earlier decision by the Supreme Court reading these statutes narrowly, Congress enacted 18 U.S.C. § 1346, which extends mail and wire fraud to schemes to deprive another of “the intangible right of honest services.” In 2009 the Supreme Court granted certiorari in three cases presenting questions concerning the “honest services” provision. One of the cases …
Twenty-Eight Words: Enforcing Corporate Fiduciary Duties Through Criminal Prosecution Of Honest Services Fraud, Lisa L. Casey
Twenty-Eight Words: Enforcing Corporate Fiduciary Duties Through Criminal Prosecution Of Honest Services Fraud, Lisa L. Casey
Journal Articles
This article examines the federal government's growing use of 18 U.S.C. § 1346 to prosecute public company executives for breaching their fiduciary duties. Section 1346 is a controversial but under-examined statute making it a felony to engage in a scheme "to deprive another of the intangible right of honest services." Although enacted by Congress over twenty years ago, the Supreme Court repeatedly declined to review the statute, until now. In 2009, Justice Antonin Scalia pointed to the numerous interpretive questions dividing the federal appellate courts and proclaimed that it was "quite irresponsible" to let the "current chaos prevail." Since then, …