Discussing a Fifth Circuit opinion in Enron CEO Jeffrey Skilling's case, Big Tom notes that, "Inasmuch as there is now a clear split between Fifth Circuit decisions and other circuit appellate courts on the scope of honest services wire-fraud, the issue appears ripe for Supreme Court consideration. Indeed, Skilling's petition notes Supreme Court Justice Scalia's recent observation about the need for the high court to take up the issue."
He also describes alleged prosecutorial misconduct in the Skilling case that brings to mind the Ted Stevens prosecutors withholding evidence. Tom writes:
After Skilling's conviction, the Skilling defense team discovered Fastow interview notes that the Enron Task Force had failed to disclose to the Skilling team prior to trial. Among other things, those notes revealed that Fastow had told the Task Force lawyers that he didn't think he had told Skilling about the Global Galactic agreement. The Fifth Circuit characterized the Task Force's non-disclosure as "troubling" in inviting Skilling to file a motion for new trial with the District Court.HCT also discusses how Sir Allen Stanford's alleged role as a drug informer may have influenced prosecutorial decisions in that case.
Finally, I can only shake my head and wonder with Tom over Galveston federal district Judge Sam Kent's fall from grace, "How did it come to this?"