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Expert Analysis

2nd Circ. Sheldon Silver Opinion May Limit Fraud Prosecution

By Jack Sharman and Jordan Patterson ( January 29, 2020, 4:52 PM EST) -- In its most recent consideration of the honest services fraud prosecution of former Speaker of the New York State Assembly Sheldon Silver, the U.S. Court of Appeals for the Second Circuit followed the letter and spirit of the U.S. Supreme Court in McDonnell v. U.S.[1] and restricted the government's ability to obtain a conviction for honest services fraud on an "as opportunities arise" or retainer theory.[2]...

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