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Posted by Barton Lorimor
Attorneys for former Gov. George Ryan have asked federal judges to reconsider parts of his conviction based on a recent U.S. Supreme Court decision.
Take it from there, Bloomberg…
Attorneys for the governor, a Republican, cited the court’s June decision in the case of former Enron Corp. Chief Executive Officer Jeffrey K. Skilling, which narrowed a fraud statute involving so-called deprivation of honest services because it was unconstitutionally vague.[…]
Arguing that Ryan poses no risk of flight, his lawyers asked the judge to grant bail while she considers the underlying request on the convictions. He has been in federal prison since November 2007 and is currently at a facility in Terre Haute, Indiana.
The “honest services” card was also used in Conrad Black’s case. Maybe it has legs?
The Washington Post wrote about the trend a few weeks ago…
The Supreme Court’s decision earlier this summer to narrow the scope of a federal law often used by prosecutors to target fraud has led to a string of dropped charges and new trials in “honest services” cases that will likely keep area white-collar practices busy.
The court in Skilling v. United States ruled that a provision in a 1988 federal wiretap statute that criminalizes any scheme to “deprive another of the intangible right of honest services” was unconstitutionally vague. Rather than strike down the law, the justices redefined it as applying to cases involving bribes and kickbacks and sent the three honest-services appeals it considered back to lower courts. Now, others convicted of honest-services fraud and those still awaiting trial are asking courts to reconsider their cases.
“You’re going to see a flurry of people trying to reopen their cases,” said Amy R. Sabrin, a partner in Skadden, Arps, Slate, Meagher & Flom’s Washington office.
Related…
* Former Gov. George Ryan Asks Court to Invalidate Conviction on Basis of ‘Honest Services’ Decision
* Report: Blago bro treats legal crew to victory meal
* Constable: Golden in the eye of the beholder for Blago auction folks
* Green: A modern day Valjean? It could happen
posted by Rich Miller
Wednesday, Sep 1, 10 @ 7:53 am
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Six innocent kids died as a result of the system of corruption that flourished under Ryan. Unlike Ryan, they have no way to appeal what happened to them. I wish Ryan had the grace to accept his sentence.
Comment by TruthSeeker Wednesday, Sep 1, 10 @ 8:43 am
Grant bail after three years into a prison sentence…no way. The Supreme Court decision doesn’t change the fact that he gave licenses for bribes and one of those licenses resulted in the deaths of a family.
Comment by Segatari Wednesday, Sep 1, 10 @ 8:49 am
It’s more than a bit surreal to see Thompson arguing against honest services. That’s what made him as U.S. Attorney.
I give Big Jim and Webb a lot of points for sticking with Ryan through all this. I hope the old man gets out on appeal.
Comment by wordslinger Wednesday, Sep 1, 10 @ 9:07 am
No, truthseeker, they didn’t and you aren’t.
Comment by steve schnorf Wednesday, Sep 1, 10 @ 12:49 pm
Wordslinger–yes it is highly ironic and Thompson got reversed by the USSC on that theory which lead eventually to the statute that was the subject of the case that the USSC addressed.
Comment by D.P. Gumby Wednesday, Sep 1, 10 @ 1:54 pm
== Six innocent kids died as a result of the system of corruption that flourished under Ryan. Unlike Ryan, they have no way to appeal what happened to them. I wish Ryan had the grace to accept his sentence. ==
So do I, but more than that, I wish someone could explain to me how a truck driver’s lack of a valid license caused that part to fall off his truck.
Comment by Justme Wednesday, Sep 1, 10 @ 6:03 pm
Yes, Blago’s been proven innocent on most counts, but some still can’t help but wonder about “intent”–in both instances.
Comment by The REAL Anonymous fka Anonymous Wednesday, Sep 1, 10 @ 8:28 pm