- Court: United States Supreme Court
- Area(s) of Law: Property Law
- Date Filed: May 11, 2023
- Case #: 21–1158
- Judge(s)/Court Below: Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Sotomayor, Kagan, Kavanaugh, and Barrett, JJ., joined, and in which Jackson, J., joined as to all but Part II–C–2. Gorsuch, J., filed an opinion concurring in the judgment, in which Thomas, J., joined, post, p. 333.
- Full Text Opinion
Petitioner served in a governmental role from 2011 to 2016, briefly resigning the role in 2014 to work a reelection campaign. Shortly before returning to his governmental role, Petitioner received $35,000 and convinced a state agency to drop a contract requirement for a firm. The jury was supplied instructions stating Petitioner owed a duty of honest services if he “dominated or controlled . . . government business,” or government workers relied on him because of a special relationship with the government. Petitioner was convicted, in relevant part, under 18 U. S. C. §§1343, 1346, and 1349, conspiracy to commit “honest-services” wire fraud. The Second Circuit affirmed. On appeal, the Supreme Court reversed, holding that although private citizens may enter circumstances involving the government in which they owe a duty of honesty to the public, this is not always the case. See Skilling v. United States, 561 U. S. 358, 408 (2010). The jury instructions did not define “honest services” “`with sufficient definiteness that ordinary people can understand what conduct is prohibited,’” or “`in a manner that does not encourage arbitrary and discriminatory enforcement.’” McDonnell v. United States, 579 U. S. 550, 576 (2016) (quoting Skilling, 561 U. S., at 402–403). Reversed and remanded.