The Supreme Court's Continued Reshaping of Public Corruption Law

The U.S. Supreme Court decided a pair of public corruption cases this term that continue the high court's reshaping of public corruption law. The two cases, Ciminelli v. United States and Percoco v. United States, both restrict prosecutors’ use of federal fraud statutes to criminalize broad swaths of what many would consider to be unethical conduct as criminal violations of federal law. The cases also raise important questions about what comes next in this high-profile but often ill-defined area of federal criminal law.

This article addresses three related topics. First, the article places Ciminelli and Percoco in context, highlighting the Court's prior rulings on the use of federal mail and wire fraud statutes in corruption cases. Second, the article analyzes the Ciminelli and Percoco opinions. Finally, the article explores the cases’ key takeaways for legal practitioners, companies, political organizations, lobbyists, and public officials.

Copyright 2023 Bloomberg Industry Group, Inc. (800-372-1033) Reproduced with permission. The Supreme Court’s Continued Reshaping of Public Corruption Law