At the end of its most recent term, the US Supreme Court vacated the honest services fraud and extortion convictions of former Virginia Governor Bob McDonnell because the lower courts had interpreted the term “official act,” as used in the federal bribery statute, in an overbroad manner. The facts underlying Mr. McDonnell’s convictions were “no doubt … distasteful”—with “tawdry tales of Ferraris, Rolexes, and ball gowns” given to the governor by a constituent who was hoping for favorable treatment by state agencies. But the government’s loss will result in a clarification—not a defanging—of its authority to pursue corruption involving government officials.
In the wake of the McDonnell case, companies, particularly government contractors and other companies and individuals interacting with government officials, must remain vigilant and ensure that their personnel do not violate the complex criminal, regulatory and ethics rules regarding interactions with government officials. This webinar will provide specific guidelines to minimize risk when doing business with the government. In particular, we will explain the background of the honest services fraud and bribery statutes, recent Supreme Court and key appellate court precedent, DOJ’s enforcement trends and the manner in which those trends may change following the McDonnell decision.
CLE is not available when watching a recording of this program. In order to receive credit you must have attended the live webinar program.