Supreme Court Rulings Make White-Collar Fraud Charges in the US Harder

Supreme Court Rulings Make White-Collar Fraud Charges in the US Harder

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  • June 7, 2023
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As a journalist, I can report that recent Supreme Court rulings have made it harder to bring white-collar fraud charges in the United States. The Supreme Court has issued several decisions in recent years that have narrowed the scope of federal fraud statutes, making it more difficult for prosecutors to bring cases against individuals accused of white-collar crimes.

One of the most significant rulings came in 2016, when the Supreme Court issued a unanimous decision in the case of McDonnell v. United States. The case involved former Virginia Governor Bob McDonnell, who was convicted of corruption charges related to his acceptance of gifts and loans from a businessman in exchange for political favors.

The Supreme Court overturned McDonnell’s conviction, ruling that the government’s interpretation of the federal bribery statute was too broad. The Court held that in order to prove bribery, prosecutors must show that a public official took an official action in exchange for a bribe, rather than simply accepting gifts or favors.

This ruling has had significant implications for white-collar fraud cases, as prosecutors have had to adjust their strategies in order to meet the higher burden of proof required by the Court. Some legal experts have expressed concern that the ruling could make it more difficult to prosecute corruption cases in the future.

Another recent Supreme Court decision that has impacted white-collar fraud cases is the 2019 ruling in the case of United States v. Salman. The case involved insider trading charges against a man who had received tips from his brother-in-law, a corporate insider.

The Supreme Court upheld Salman’s conviction, ruling that a person who receives insider information as a gift from a corporate insider can be held liable for insider trading. However, the Court also narrowed the definition of what constitutes insider trading, which could make it more difficult for prosecutors to bring cases in the future.

Overall, these Supreme Court rulings have made it harder for prosecutors to bring white-collar fraud charges in the United States. While the rulings have been praised by some as a necessary check on government overreach, others have expressed concern that they could make it more difficult to hold white-collar criminals accountable for their actions.

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