Maybe. The Supreme Court today ruled that a federal fraud law that has become a catch-all for federal prosecutors with shaky white-collar crime cases could not be used to uphold the conviction of newspaper titan and NRO contributor Conrad Black.
In a separate but related ruling also issued today, the Court sided with former Enron executive Jeffrey Skilling in his own appeal of the “honest services” law that justices have criticized as vague and confusing. In delivering the 9-0 concurrence of the Court, Justice Ginsburg said that the jury in Skilling’s case had been given incorrect instructions based on a misreading of that law. The Court ruled that the “honest services” provision is properly restricted to schemes involving bribes and kick-backs, and did not apply to Skilling’s case — nor Black’s.
But in both cases, the Court stopped short of overturning the convictions, leaving that to the appeals courts whence the cases came. So Black is not out of the woods yet.






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