The Honest-Services Doctrine in White-Collar Criminal Law
Indiana University Robert H. McKinney School of Law
August 15, 2011
Hamline Law Review, Vol. 34, p. 83, 2010
In June 2010, the United States Supreme Court handed down a highly anticipated trilogy of decisions that altered white-collar criminal law by restricting the honest-services provision, 18 U.S.C. § 1346, to bribes and kickbacks. This development is the most recent one in the tumultuous existence of the honest-services doctrine, which has been characterized by great debate among commentators, federal courts, and Congress. The newest questions prompted by the Court’s recent trilogy of cases implicate the void-for-vagueness doctrine, as well as the checks and balances characterizing the American legal system, making the development of the honest-services doctrine one of the most dynamic issues in the law today.
Keywords: white collar criminal law, criminal law, honest services, bribery, corruption, corporate crime, void-for-vagueness, Skilling, Black, Weyhrauch, 18 U.S.C. § 1346Accepted Paper Series
Date posted: August 15, 2011 ; Last revised: November 11, 2012
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