United States Seventh Circuit
US v. Black, 07-4080
On remand from the Supreme Court, the convictions of a senior executive of Hollinger International for mail and wire fraud and obstruction of justice, under theories of a scheme of fraudulent appropriation of money to which the company was legally entitled, and of a scheme to deprive the company of "intangible right of honest services," is affirmed in part, reversed in part and remanded where: 1) no reasonable jury could have acquitted defendant of obstruction if only it had not been instructed on honest-services fraud; 2) the convictions for honest-services fraud is reversed and remanded for a new trial as, under the Supreme Court's recent ruling, honest services fraud requires proof of a bribe or kickback; and 3) the evidence of pecuniary fraud is so compelling that no reasonable jury could have refused to convict the defendants of it.
Appellate Information
- Argued 09/29/2010
- Decided 10/29/2010
- Published 10/29/2010
Judges
Court
- United States Seventh Circuit