Topic
Every decision we've filed under Criminal.
The Second Circuit affirmed the convictions of Joseph Percoco and Steven Aiello for honest-services wire fraud and solicitation of gratuities. The court held that while a jury instruction regarding 'as opportunities arise' was legally imprecise, the error was harmless given the overwhelming evidence of specific quid pro quos.
The Second Circuit affirmed the convictions of Joseph Percoco and Steven Aiello for honest-services wire fraud and bribery, ruling that while a jury instruction regarding 'as opportunities arise' was legally imprecise, the error was harmless. The court further reaffirmed that non-employees can owe fiduciary duties to the public if they dominate governmental business and are relied upon by officials.
The Second Circuit held that a denial of a motion to dismiss a criminal indictment based on the Foreign Sovereign Immunities Act is immediately appealable under the collateral order doctrine. The court further determined that even assuming FSIA immunity applies in criminal cases, the defendant bank's conduct fell within the commercial activity exception, thereby affirming the district court's denial of the motion to dismiss.
The Eleventh Circuit reviewed an SEC enforcement action alleging securities fraud violations of Section 10(b) and Rule 10b-5 involving shell companies and false statements to FINRA and DTC. The district court denied defendants’ motions to exclude…