Supreme Court throws out convictions in sweeping New York corruption probe

[Eugene]

Source: NBC News

WASHINGTON — The Supreme Court delivered a double blow to federal prosecutors Thursday by throwing out the corruption convictions in two cases, including one concerning an ex-aide to former New York Gov. Andrew Cuomo who was convicted of taking a bribe from a real estate developer.

The court in a 9-0 vote threw out Joseph Percoco's conviction for accepting the $35,000 payment when managing Cuomo’s re-election campaign in 2014. In doing so, the justices narrowed the scope of a federal anticorruption law.

The court ruled that Percoco’s conduct was not covered by the federal law that requires that “honest services” be provided to the public. He was not working for the government at the time, so he had no duty to provide honest services, the court said.

In a separate ruling in a related case, the court threw out a Buffalo real estate developer’s wire fraud conviction in another blow to federal prosecutors.

-snip-

May 11, 2023, 10:39 AM EDT / Updated May 11, 2023, 11:47 AM -04
By Lawrence Hurley


Read more: https://www.nbcnews.com/politics/supreme-court/supreme-court-throws-ex-cuomo-aides-bribery-conviction-rcna68456

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Court Opinions:
• 21-1159 Percoco v. United States
• 21-1170 Ciminelli v. United States

[Eugene]

1. Related...

Clarence Thomas, who accepted lavish gifts from a billionaire, argued that a law prohibiting taking bribes is too vague to be fairly enforced (Insider)

• Supreme Court Justice Clarence Thomas said a law prohibiting bribe-taking is too vague to enforce.
• He signed off on a concurring opinion written by Neil Gorsuch in a Thursday Supreme Court decision.
• In April, ProPublica revealed Thomas accepted lavish gifts from GOP megadonor Harlan Crow.

Supreme Court Justice Clarence Thomas — who accepted lavish gifts and luxury vacations from a billionaire for years — signed off on a Supreme Court opinion Thursday arguing that a law prohibiting taking bribes is too vague to be fairly enforced.

Justice Neil Gorsuch wrote in a concurring opinion — on which Thomas signed off — that a federal anti-bribery law wasn't clear enough.

The case involved Joseph Percoco, a former aide of New York Governor Andrew Cuomo who was accused of taking money from a local developer and convicted in 2018 of conspiracy to commit honest services wire fraud.

https://news.yahoo.com/clarence-thomas-accepted-lavish-gifts-180010796.html

[riversedge]

2. both cases were a 9 to 0 ruling.

[melm00se]

3. That equals

that the government overstepped their bounds...by a lot.

[Bev54]

4. Both of these were from 2018 which would be prosecutors under Trump admin.

[ancianita]

5. Thanks for that fact. Sounds like Trump prosecutors got slapped. Sounds like a good ruling,

one that reflects on Barr's DOJ and, imo, not on the Garland DOJ.

[onenote]

9. actually, both Percoco and Cimenelli were indicted in September 2016

So, the cases were not brought by "Trump prosecutors." In fact, the lead US Attorney at the time of the indictments was Preet Bharara.

[BlueWaveNeverEnd]

6. thanks for important detail

[melm00se]

7. The cases breakdown

thusly

CIMINELLI - it was a misinterpretation of the law by both the district and appellate courts.
PERCOCO - it was bad jury instructions by the trial court and misunderstanding an earlier (1982) honest-services fraud decision.

A 9-0 decision in both cases mean that the Courts (that is the judges) booted their understandings of the law and definitions within the law.

Neither case appears to point to prosecutorial misconduct.

[Polybius]

8. Hard to argue with 9-0 decisions

I'm sure they were correct.