Percoco v. United States (Jury Instructions)

In Percoco v. United States, the Supreme Court considered whether a private citizen with influence over government decision-making can be convicted for wire fraud on the theory that he or she deprived the public of its “intangible right of honest services.” Joseph Percoco, former Executive Deputy Secretary to New York Governor Andrew Cuomo, was charged with conspiracy to commit honest-services wire fraud. Percoco accepted payments while on hiatus from government service to assist a real-estate development company (while he was running Governor Cuomo's re-election campaign for eight months). 

The trial court instructed the jury based on the Second Circuit's 1982 decision in Margiotta, which held that a private person can commit honest-services fraud if they dominate and control government decisions. The Supreme Court ruled that instructing the jury based on Margiotta was an error, stating that the Margiotta theory was overly vague and lacked sufficient clarity. Reversed and remanded. Read by Jake A. Leahy. 

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