Significant Judicial Opinions - Robert McDonnell
 

On April 27, the Supreme Court held oral argument on former Virginia Governor Robert McDonnell’s appeal of his bribery conviction under the federal bribery statute, Hobbs Act, and honest-services fraud statute, 18 U.S.C. §§ 201, 1346, 1951.  McDonnell contends that the statutes are unconstitutionally vague to the extent they criminalize agreeing to take an “official act” in exchange for a thing of value, without further defining what an “official act” is.  The questioning from certain justices suggested they were sympathetic to McDonnell’s arguments.  While it is always difficult to predict an outcome based on an oral argument, the judges’ expressed concerns about the danger of unclear laws could result in a significant opinion clarifying the definition of honest services fraud.  Indeed, depending on how any such opinion is written, it is conceivable that it could also impact how courts interpret a far broader range of statutes, including the FCPA and other statutes that defendants have long argued require clear limiting principles.