United States Ninth Circuit

Judgment of convictions of honest services fraud, money laundering and bribery arising out of scheme to award city contracts are: 1) reversed in part, as to defendants' honest services fraud convictions, where, in light of Skilling v. US, the jury instructions erroneously permitted convictions on the unconstitutional theory of a failure to disclose a conflict of interest, certain counts are based on Skilling's unconstitutional theory of a failure to disclose a conflict of interest in a state disclosure form, and because there is insufficient evidence to support certain counts; 2) reversed in part, as to defendant Robles's money laundering convictions because they are predicated on the flawed honest services fraud convictions; and 3) affirmed in part, as to defendant Robles's bribery convictions under 18 U.S.C. section 666 because such convictions do not require the defendant to be engaged in an official act.

Appellate Information

• Decided 04/15/2013
• Published 04/15/2013

Judges

• PREGERSON

Court

• United States Ninth Circuit

Counsel