United States Second Circuit

Defendant's convictions of honest services mail and wire fraud, and conspiracy to commit bribery for paying sham consulting fees to current and former members of the New York State Assembly, and for agreeing to award business to a third party company in which a former New York State Senator had a financial interest, all in return for commitment from these State legislators to perform unspecified official acts as the opportunities arose, are affirmed, where: 1) the federal bribery and honest services fraud statutes under which defendant was convicted were not unconstitutionally vague as applied to his conduct; 2) the government's evidence was legally sufficient to prove the existence of the requisite quid pro quo arrangements and to support defendant's convictions beyond a reasonable doubt; and 3) the district court did not err when it denied defendant's motion to compel the government to provide defense witness immunity to defendant's former counsel.

Appellate Information

• Decided 05/29/2013
• Published 05/29/2013

Judges

• LOHIER

Court

• United States Second Circuit

Counsel