Black v. United States
|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
Dec 8, 2009
|Jun 24, 2010||9-0||Ginsburg||OT 2009|
Holding: Two business executives were convicted of honest services fraud after the judge at their trial instructed the jury that a person commits such fraud if he misuses his position for private gain and knowingly and intentionally breaches his duty of loyalty. Given the Court's ruling in Skilling restricting the scope of the honest services fraud statute, it ruled in this case that those jury instructions were erroneous.
Judgment: Vacated and remanded, 9-0, in an opinion by Justice Ruth Bader Ginsburg on June 24, 2010. In light of Skilling v. United States. Justice Scalia concurred in part and in the judgment, joined by Justice Thomas. Justice Kennedy also concurred in part and in the judgment.
- "Honest services" law pared down (Lyle Denniston)
- Reaching, or waiting, for a constitutional issue (Lyle Denniston)
- Executive pay and the law of fraud (Lyle Denniston)
Briefs and Documents
- Brief for Petitioners Conrad Black, et al.
- Brief for Respondent United States of America
- Reply Brief for Petitioners Conrad M. Black, John A. Boultbee, and Mark S. Kipnis
- Brief for the Chamber of Commerce of the United States of America in Support of Petitioner
- Brief for the National Association of Criminal Defense Lawyers and the New York Council of Defense Lawyers in Support of Petitioner
- Brief for Jeffrey K. Skilling in Support of Neither Party
- Brief for Citizens for Responsibility and Ethics in Washington in Support of Respondent