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In the Courts
Conflict of Interest Evidence Inadmissible
In Honest-Services Prosecution
In United States v. Weyhrauch, — F.3d –, 2010 WL 3733553, *1 (9th Cir. Sept. 27, 2010), the Ninth Circuit affirmed the lower court's denial of the government's motion in limine to introduce evidence to prove “'a knowing concealment of a conflict of interest.'”
The government had alleged that Bruce Weyhrauch, while a member of Alaska's House of Representatives, had solicited future legal work from VECO Corporation in exchange for voting on tax legislation per VECO's instruction. United States v. Weyhrauch, 548 F.3d 1237, 1239 (9th Cir. Nov. 26, 2008). The government charged Weyhrauch with, among other things, honest-services fraud based on “devising 'a scheme and artifice to defraud and deprive the State of Alaska of its intangible right to [his] honest services ' performed free from deceit, self-dealing, bias, and concealment' and attempting to execute the scheme by mailing his resume to VECO.”
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