Stan Quoted Extensively in TPM re: Supreme Court's Analysis of Honest Services Fraud
If the law goes down, pretty much anyone else convicted of honest services fraud could benefit. "There will be a rush to the courthouse," Stan Brand, a veteran Washington ethics lawyer, told TPMmuckraker. Even those like Abramoff and Jefferson who were convicted on multiple counts, honest-services fraud among them, could get their sentences shortened. "Where you've got multiple counts, they're not gonna get a pass, but they could get a reduction," Brand said.
Brand, reached in Indianapolis where's he's attending baseball's winter meetings (the Granderson trade is the big news, he said), noted that former Maryland governor Marvin Mandel, and former Utah congressman George Hansen both had their corruption convictions overturned after the courts narrowed the laws -- mail fraud, and false statements, respectively -- on which they were convicted.
In a sign of how the issue is already shaking up corruption cases, prosecutors working on the case of former Illinois governor Rod Blagojevich indicated earlier this week that they planned to re-file their indictment against him, this time with no reference to honest services fraud, because of the chance that the Supreme Court might strike down or narrow the law. Blago was charged in connection to an alleged scheme to sell Barack Obama's Senate seat, as well as other pay-for-play allegations.
Nonetheless, Brand, a longtime defense lawyer, said that if the law is indeed struck down, it won't be a major blow for anti-corruption efforts. He said that prosecutors still would have numerous other charges at their disposal, including bribery, gratuity, conflict of interest, and false statements, among others.
"These guys have so many arrows in their quiver," Brand said. Link
Brand, reached in Indianapolis where's he's attending baseball's winter meetings (the Granderson trade is the big news, he said), noted that former Maryland governor Marvin Mandel, and former Utah congressman George Hansen both had their corruption convictions overturned after the courts narrowed the laws -- mail fraud, and false statements, respectively -- on which they were convicted.
In a sign of how the issue is already shaking up corruption cases, prosecutors working on the case of former Illinois governor Rod Blagojevich indicated earlier this week that they planned to re-file their indictment against him, this time with no reference to honest services fraud, because of the chance that the Supreme Court might strike down or narrow the law. Blago was charged in connection to an alleged scheme to sell Barack Obama's Senate seat, as well as other pay-for-play allegations.
Nonetheless, Brand, a longtime defense lawyer, said that if the law is indeed struck down, it won't be a major blow for anti-corruption efforts. He said that prosecutors still would have numerous other charges at their disposal, including bribery, gratuity, conflict of interest, and false statements, among others.
"These guys have so many arrows in their quiver," Brand said. Link
