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The Coming Honest-Services Storm

By Daniel R. Alonso and D. Stan O'Loughlin
November 24, 2009

Not since 1987, when the Supreme Court issued its bombshell decision in McNally v. United States, 483 U.S. 350 (1987), has the honest-services mail fraud doctrine received as much attention as in recent months. In addition to the continuing drumbeat of high-profile federal prosecutions in district courts ' from lobbyist Jack Abramoff to former Governor Rod Blagojevic of Illinois to powerhouse New York state senator Joe Bruno ' the Supreme Court will hear three cases this term involving the controversial doctrine. When the dust settles, it is possible that one of prosecutors' favorite weapons will have been sharply restricted or taken away.

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