Case Brief | EssayIvy.com

Running head: A CASE BRIEF 1

A Case Brief

Name

Institution

A CASE BRIEF 2

A Case Brief

Introduction

Honest services fraud cases involve a level of corruption depicted by the defendant.

These cases are characterized by bribery or extortion on the part of the accused that was

otherwise expected to deliver services without expecting any rewards. This type of crime has

seen lawmakers battle to distinguish between its substantiality in the private and public

sectors (Tucker & Lampson, 2011). However, the Court arrived at a decision that the statute

would incorporate fraudulent schemes that deprive another party of their deserved services if

they cannot offer bribes and other enticements which will be supplied by a third party that has

not been duped. Consider the case that had Jeffery Skilling as the petitioner and the United

States as the respondent.

Elements of the Crime

The Skilling v. the United States case was held in the US Capitol building. The

petitioner’s advocate was Sri Srinivasan while that for the respondent was the Deputy

Solicitor General, Department of Justice (Skilling v. United States. (n.d.). The petitioners

claimed that Skilling, who was the former chief executive officer of Enron, lied to investors

about the company’s financial status. At that time, Enron was an energy and commodities

company that was ranked seventh by revenue-grossing. Shortly after Jeffery Skilling was

appointed CEO, the company was declared bankrupt. Its stocks’ value depreciated

significantly.

The prosecution argued that Jeffery was well aware of the company’s financial

situation and instead of notifying investors, he covered up the case. The company was in the

habit of reporting its financial results. However, the prosecution stated that these figures were

doctored, and they represented a false picture of the firm. Skilling was at the forefront of

A CASE BRIEF 3

manipulation since as the company’s chief executive officer, he authorized these financial

reports. Additionally, he made false statements concerning the firm’s finances.

All these allegations were substantiated with hard evidence. The government

presented, before the Court, improperly manipulated accounting rules. These ensured that

losses that were incurred by the less profitable departments appeared in, the most cost-

effective ones to cover up for their weakness. To a layman, these figures represented a

profitable organization that was worthy of competing with companies that posted high stock

prices. The government also declared that the defendant, with aid from some of his

colleagues, created third party shell companies (Skilling v. United States. (n.d.). These were

vital in their quest for masquerading Enron’s stalemate. The prosecution, therefore, wanted

the court to find Skilling guilty of conspiracy to commit honest services wire fraud, alongside

other violations such as insider trading, securities fraud, and making false representations to

auditors.

Defenses Claimed by the Defense

In his case, Jeffery Skilling denied the illegality of his actions. According to him, he

had acted in the company’s best interests as was required of him. As Enron’s chief executive

officer one of his duties was to be a good ambassador for his corporation. The defense,

therefore, argued that his actions were in line with his role as an employee. It is important to

note that Skilling accepted that he committed fraud. His protests were directed at his reasons

for having perpetrated the fraud.

Additionally, Skilling’s defense team claimed that the statements presented before the

Court were inadmissible. He claimed that they were taken out of context and that they should

not be used against him in that particular case. He acknowledged that the false financial

statements were indeed in existence, but they should not be used to substantiate his

involvement in honest services fraud. Since the prosecution also used his speech against him,

A CASE BRIEF 4

the defense disapproved of the context of which he was quoted (Skilling v. United States.

(n.d.). The latter claimed that the statements that Skilling made by word of mouth were also

taken out of context.

Another defense mechanism was a dismissal of the government’s witnesses. The

defense argued that there was no way the Court could ascertain the credibility of the

witnesses. The surety that they were not witch-hunting was at stake. For that reason, the

witnesses together with their testimonies should have been inadmissible in court since they

might as well have ill motives against the defendant. He also argued that the company’s

collapse, months after his appointment as the chief executive officer, was a mere coincidence

and that the witnesses could not prove his direct involvement in it being declared bankrupt.

These counter-arguments provided by the defense bore some fruits despite Jeffery’s protests

that they were biased. The defendant argued that the case received the negative publicity that

affected the jury and led them to make prejudicial decisions. For that reason, he wanted the

case’s venue to be changed, a request that was later denied by the court. Eventually, Jeffery

Skilling was found guilty of nineteen counts after four months of trial. This ruling made him

file a petition.

Constitutional Protection Issues

One constitutional provision that was followed to the latter, in this case, was the right

to fair trial (Ritchie & JusticeLearning, 2006). The defendant claimed that he would face a

biased jury in Houston and therefore wanted the court to relocate the matter to a neutral

place. His allegations were accorded the desired seriousness as is evident when the Court

made a follow up on the complaints since the constitution protected Jeffery and he had every

right to a free and fair trial. Although the co-accused had already received their verdicts in

other courts, Jeffery Skilling’s motion was considered since the tribunal was intent on

delivering a fair judgment which can only result from a fair trial. For that matter, the Court

A CASE BRIEF 5

established that most of Houston’s residents did not recognize Enron’s employees. The latter

was therefore not in a position to make prejudicial conclusions due to the publicity that the

case was attracting.

Additionally, the Court followed the correct procedure, as stipulated in the

constitution, when appointing the jury (Ritchie & JusticeLearning, 2006). A pool of potential

jurors was presented with a questionnaire that sought to clarify factors such as their political

affiliations, professional background, and relationship with Enron Company, among others.

In it, they provided answers that were later used to gauge individual possibilities for

impartiality or otherwise. Additionally, other qualifying factors were considered based on the

potential jurors’ responses. Eventually, jurors were vetted by the Court and counsel and those

who were deemed capable of making a judgment based on evidence provided in Court were

selected. These efforts by the tribunal clearly indicate that Jeffery’s constitutional concerns

were satisfactorily addressed.

After the ruling, the defendant exercised his constitutional right by filing a petition

(Ritchie & JusticeLearning, 2006). According to the constitution, an individual is allowed to

protest court decisions through petitions. Jeffery thought that the tribunal ruling was unfair

since according to him, his actions did not depict honest services wire fraud. The defendant

argued that Jeffery’s deeds were meant to protect Enron since he did not prioritize his

personal interests. However, his petition was rejected, and the Court cited that the jury was

mandated to make that decision. One can comfortably state that Jeffery Skilling underwent a

free and fair trial. He enjoyed his constitutional rights and was therefore accorded the

sentence that he deserved.

Case Brief

Case Title: Skilling v. the United States (2010)

A CASE BRIEF 6

Facts of the Case: Jeffery Skilling, a former chief executive officer of Enron Corporation,

was convicted of securities fraud, and conspiracy alongside other violations such as insider

trading, and making false representations to auditors by a Texas federal district court. There

was a direct appeal by Skillet to the United States Court of Appeal.

Issues: Does the “Honest Services” Fraud law as laid down by the legislature demand that

the government proves without a reasonable doubt the defendant’s conduct as intending to

achieve “private gain”? If it does not, is the Section 1346 that dictates the latter

unconstitutionally vague?

Should the government rebut the presumption of prejudice based on the concerns by the

defendant that the jury may be prejudicial because of widespread community impact caused

by elements such as the media on his alleged conduct? If so, is the government obligated to

prove beyond reasonable doubt that any such bodies compromised no juror?

Holding (the final decision): Yes. The “Honest Services” demands that the government

bears the burden of proof in determining the defendant’s conduct as intending to achieve

private gain. Section 1346 is adequately confined to cover bribery and kickback schemes.

No. The government should not repulse the presumption of prejudice based on the concerns

by the defendant that the jury may be prejudicial based on any impacts, and caused by

whichever elements. The government is obligated to prove beyond reasonable doubt that no

juror was compromised.

Reasoning: (Justices Antonin Scalia, Samuel A. Alito, and Sonia Sotomayor)

A. Rule: The Sixth Amendment requires that “no biased juror is seated at trial”.

The interest to have an impartial jury informs this Amendment.

B. Application: This rule protects Jeffery Skilling, and he rightfully claimed his

right to fair trial devoid of prejudicial thoughts. For that reason, the court had to vet the

potential jurors to come up with a competent team.

A CASE BRIEF 7

Concurrence 1: (Antonin): the Court has a right to hold jury impartiality challenges.

Concurrence 2: (Samuel): no partial juror should be seated at a trial according to the

Sixth Amendment.

Dissent 1: (Sonia): the defendant did not receive a fair trial since Houston’s

environment was too hostile to allow him this right.

Rule: The Fifth Circuit’s decision concerning the “honest services fraud” applied to Jeffery

Skilling’s case.

A. Application: Jeffery Skilling was guilty of committing the honest services fraud

according to Section 1346 (Ritchie & JusticeLearning, 2006).

Concurrence 1: (Sonia): the Court’s resolution of Section 1346 was in order. It

adequately applied to Mr. Skillet’s case.

Dissent 1: (Antonin): the Fifth Circuit’s decision requires reversal, but on different

ground. Section 1346 is impermissibly vague thus violates the constitution.

Analysis: The facts of the case meet the legalities for prosecution. For one to be declared

guilty of any crime, sufficient evidence must be provided to them. In Jeffery’s case, the

government met this requirement. Additionally, the Court ensured that his case was presented

to an unbiased jury and that all decisions were supported by constitutional laws (Ritchie &

JusticeLearning, 2006).

My Judgment

In my opinion, Jeffery Skilling was guilty of the charges filed against him. Most especially,

he committed the honest services fraud. As the company’s chief executive officer, it is hard

to convince an observer that he had no knowledge whatsoever that the firm was collapsing. It

also does not make sense for him to give financial statements and later claim that they were

not meant to be. It is his duty to follow up on the corporation’s activities to recognize any

anomalies. Skilling should have been the whistleblower in this case, but he willfully chose to

A CASE BRIEF 8

be the conspirator and participated in fraudulent activities. I, therefore, fully agree with the

trial’s outcome.

Conclusion

In a nutshell, lawmakers have experienced difficulties in determining the substantiality of

honest services fraud. One victim of such a case was Jeffery Skilling, who battled against the

United States after the collapse of Enron Corporation where he was the CEO. In this court

case, like any other, the petitioner was armed with incriminating evidence against the

defendant, and this saw to it that the government won the case. The defendant did not go

down without a fight, and his counterarguments earned him few charges (Tucker & Lampson,

2011). Additionally, Jeffery was well versed with his constitutional rights since he demanded

to face an unbiased jury. The Court was prudent enough to act lawfully, and the eventuality

was a free and fair trial.

A CASE BRIEF 9

References

Ritchie, D. A., & JusticeLearning.org. (2006). Our Constitution. Oxford: Oxford University

Press.

Skilling v. United States. (n.d.). Oyez. Retrieved May 3, 2016, from

https://www.oyez.org/cases/2009/08-1394

Tucker, V., & Lampson, M. (2011). Finding the answers to legal questions: A how-to-do-it

manual. New York: Neal-Schuman Publishers.

Place new order. It's free, fast and safe

Paper type

Deadline

Page count

550 words

Total price: $ 15.00

Our customers say

Jeff Curtis

USA, Student

"I'm fully satisfied with the essay I've just received. When I read it, I felt like it was exactly what I wanted to say, but couldn’t find the necessary words. Thank you!"

Ian McGregor

UK, Student

"I don’t know what I would do without your assistance! With your help, I met my deadline just in time and the work was very professional. I will be back in several days with another assignment!"

Shannon Williams

Canada, Student

"It was the perfect experience! I enjoyed working with my writer, he delivered my work on time and followed all the guidelines about the referencing and contents."