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United States Court of Appeals for the Second Circuit - 661 F.3d 733
Tags: Criminal law, Conspiracy
tl;dr:
In order to find a single conspiracy sufficient to prosecute defendants together, it is not necessary that each co-conspirator have had contact with all others.Video Summary
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Joseph L. Bruno, former Majority Leader of the New York State Senate, was convicted of honest services mail fraud for receiving payments from companies controlled by Abbruzzese in exchange for expediting grant installments. However, the court vacated two of his convictions due to an incorrect charge by the district court. The court is now considering whether to dismiss the indictment or allow a retrial. The court is also discussing whether the sufficiency of evidence review is appropriate when a conviction is reversed due to an intervening change in the law, as Skilling v. United States clarified that the honest services statute only criminalizes fraudulent schemes involving bribes or kickbacks. Bruno argues that the sufficiency of evidence must be reviewed under the Skilling standard to determine if he can be retried, while the government argues that a sufficiency analysis is not appropriate when the law changes after conviction. The case is subject to further examination.
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