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Supreme Court leans toward limiting corruption prosecutions in New York cases
NBC ^ | 28 Nov 2022 | Lawrence Hurley

Posted on 11/29/2022 11:33:48 PM PST by blueplum

WASHINGTON — The Supreme Court on Monday questioned whether an ex-aide to former New York Gov. Andrew Cuomo was lawfully convicted on a bribery charge as it considered two cases that could place new limits on federal prosecutors in public corruption cases.

The first case centered on whether Joseph Percoco’s conduct in taking a $35,000 payment from a real estate developer when managing Cuomo’s re-election campaign in 2014 is covered by a federal law that requires that “honest services” be provided to the public. Percoco says that because he was not working for the government at the time, he had no duty to provide honest services.

The second case involves Louis Ciminelli, a real estate developer based in Buffalo, who was convicted of wire fraud for seeking to rig the bidding process for redevelopment contracts...

(Excerpt) Read more at nbcnews.com ...


TOPICS: Crime/Corruption; Government; News/Current Events; US: New York
KEYWORDS: andrewcuomo; cnbc; corruption; cuomocrimefamily; josephpercoco; law; lawrencehurley; louisciminelli; msnbc; nbc; newyork; nobrainscollectively; supremecourt; wirefraud

1 posted on 11/29/2022 11:33:48 PM PST by blueplum
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To: blueplum

This will be the case until they decide to prosecute Donald Trump on some ridiculous charge.


2 posted on 11/30/2022 12:14:40 AM PST by CurlyDave
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To: blueplum

The old “no duty to provide honest services” defense.


3 posted on 11/30/2022 2:02:56 AM PST by DannyTN
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To: blueplum

The prosecutors seem to have gone way out of bounds on these cases to get convictions. The fact that Ketanji Brown Jackson and Gorsuch were both hammering the prosecution arguments makes me think the Court is going to rule against the gov’t on this.


4 posted on 11/30/2022 3:24:32 AM PST by Roadrunner383
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To: blueplum

Legitimizing NY Corruption. Oh, that’s wonderful. 🙄


5 posted on 11/30/2022 3:34:10 AM PST by Shady (The #JihadJunta: "We are now a nation of Men, Not of Laws. You are not as equal as we are...")
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To: DannyTN
It’s a legitimate defense. “Honest services fraud” was one of the main charges Robert Mueller’s team filed in all those silly cases against Russians who were allegedly “interfering” in the 2016 election.

It’s a bogus charge that is only brought by prosecutors when they can’t find any real crime in a case — like those wealthy Hollywood people who were charged with faking credentials for their children in the recent college admissions “scandal.”

Honest services fraud is really designed for narrow cases where a public official working in a volunteer capacity is engaged in criminal activity but can’t be charged for defrauding the public under traditional fraud statutes because the public cannot document a tangible financial loss.

6 posted on 11/30/2022 5:07:22 AM PST by Alberta's Child ("It's midnight in Manhattan. This is no time to get cute; it's a mad dog's promenade.")
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To: blueplum

Where does the Constitution give Congress the right to pass laws involving local govt corruption ?


7 posted on 11/30/2022 6:22:03 AM PST by xkaydet65
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To: DannyTN

yup, oldest trick in the book...


8 posted on 11/30/2022 10:04:49 AM PST by Chode (there is no fall back position, there's no rally point, there is no LZ... we're on our own. #FJB)
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