High Court May Strike Down Anti-Corruption Law

Posted on December 14, 2009
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The Supreme Court could be on its way to repealing a critical anti-corruption law that has protected the public from dishonest public servants and influence peddlers for years. The Honest Services Fraud Law has safeguarded the public interest by criminalizing any behavior that deprives citizens of “honest services.”

The Supreme Court is “skeptical” that the law is constitutionally sound, according to the La Times.

“Prosecutors have used the law to convict politicians, lobbyists and corporate executives of fraud, even when there is no proof that they pocketed money or took a bribe.”

Opponents to the law, as well as members of the court, say the law is “too vague” about the definition of crime. But supporters, like former FBI agent Frank Perry, say that is common sense—a more effective anti-corruption tool than even the most specific of laws.

“More people are sent to prison each year for honest services fraud than ethical violations, bribery, and extortion combined.  The reason is that honest services fraud speaks in common sense terms with the clarity of an ethical admonishment from one’s grandparents: citizens have a right to have fair and honest representation by the public servants they elect.”

The law is being challenged by Alaska Republican Bruce Weyhrauch, who was convicted of seeking a job with an oil company prior to leaving office.

Repealing or weakening the law would deal a blow to government watchdogs across the nation. A ruling against the law could have an immediate impact on one of America’s most infamous corruption scandals to date.

“If the court strikes down the law, its decision could upset or complicate a whole series of corruption cases — including the pending prosecution of former Illinois Gov. Rod R. Blagojevich for allegedly attempting to sell the Senate seat vacated by President Obama.”

It is feared by backers that Blagojevich’s defense could argue that the governor did not actually sell the senate seat, nor did he make any attempt to physically collect from the vacant seat.

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