The Meaning Of 'Honest Services'

What does 'honest services' really mean? That is the question convicted Enron CEO, Jeff Skilling would like answered.

Prosecutors used the honest services theory to convict Skilling of conspiracy to commit securities and wire fraud. While an instruction to the jury linked only 12 counts of securities fraud to that conspiracy count, Petrocelli argued that all 19 counts on which he was convicted — including a count of insider trading and five counts of lying to auditors — should be thrown out because the theory taints everything.

Do you think Jeff Skilling's conviction should be overturned?

Jeff Skilling Could Win His Appeal

Yes, it is true. Jeff Skilling of the Enron debacle, could wind up being a free man. His conviction could be thrown out based on the so called "honest services" theory:

An appeals panel rejected the "honest services" theory prosecutors used in gaining convictions against participants in Enron's sale of three barge-mounted power plants, which the government alleged was a disguised loan.

The 2-1 ruling said that the "honest services" issue didn't apply because the defendants didn't steal, embezzle or otherwise take money or property, and their actions were aligned with corporate goals.

It will be interesting to see how this all play out in court.

Jeff Skilling Cries Foul

Former Enron CEO Jeff Skilling says federal prosecutors should lose their biggest catch in the scandal that felled the company because they hid crucial evidence that would have helped him during his trial two years ago.

In an appeals court filing made public Friday, Skilling's lead lawyer, Daniel Petrocelli, alleged that the government shored up its case by hiding statements from former finance chief Andrew Fastow that would have bolstered Skilling's defense.

Prosecutors are required by law to give defense lawyers evidence or information deemed favorable to the defendant.

Petrocelli alleges in the filing that more than 400 pages of notes taken by FBI agents during numerous interviews with Fastow show that some of his initial statements to authorities were not as damning as those in his testimony during Skilling's 2006 trial.