United States v. Garrido

Following the Supreme Court’s decision in Skilling v. United States, 18 U.S.C. § 1346 applies only to honest services fraud cases involving bribery or kickbacks, failure to disclose material conflict of interest does not apply; additionally bribery convictions under 18 U.S.C. § 666 do not require an official act.

George Garrido and Arthur Robles were convicted for multiple crimes stemming from money making schemes the two put in place while Robles was Treasurer of the City of South Gate California. Robles' convictions included honest services fraud, money laundering, and bribery. Garrido was convicted of honest services fraud only. The panel reversed the convictions as to the honest services fraud and money laundering. Robles' money laundering conviction was upheld. The Ninth Circuit had recognized 18 U.S.C § 1346 to apply to both bribery and failure to disclose material conflict of interest. However, after the trial, the United States Supreme Court ruled on Skilling v. United States, deciding § 1346 applies only to cases involving bribery or kickbacks. Because there are conflicting arguments as to whether the honest services fraud convictions were based on bribery and kickbacks or on failure to disclose material conflict of interest, the panel reversed and remanded most of the § 1346 convictions, acquitted Robles on three § 1346 charges and Garrido on two § 1346 charges, and reversed and remanded Robles' money laundering convictions as they are predicated on the unconstitutional § 1346 convictions. Robles' bribery convictions were affirmed as they do not require an "official act." US v. Garrido REVERSED and REMANDED. US v. Robles REVERSED in part, AFFIRMED in part, and REMANDED.