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Supreme Court Grants Cert to Mintz Client Embroiled In Honest Services Fraud Suit

New York – Mintz achieved a successful result for client Joe Percoco, the former aid to ex-Governor of New York, Andrew Cuomo, after the Supreme Court agreed to determine the question of whether a private citizen who has informal political influence owes a fiduciary duty to the public.

Percoco, who faced allegations of honest services fraud based on his having worked closely with Governor Cuomo, was first sentenced in September 2018 and later lost an appeal in the U.S. Second Circuit Court of Appeals to have his conviction overturned.

Mintz Member Barry Bohrer helped to argue that the Supreme Court should hear the case against Percoco given that Percoco was a private citizen at the time of the alleged fraudulent activity and that the Supreme Court would need to determine whether he could be convicted of honest services fraud under those circumstances.  

Mr. Bohrer, who is representing Percoco, said, “We are extremely pleased with this development and we remain optimistic about the outcome.”

The Supreme Court is expected to hear the case later this year.

Mintz’s white collar attorneys represent both individuals and businesses in a wide range of state, federal, and administrative criminal matters. Early on, we develop aggressive and creative strategies to resolve crises both inside the courtroom and in the public relations sphere. By defending against allegations from the outset, we often succeed in convincing prosecutors not to proceed criminally against clients or to resolve matters short of indictment. However, when no negotiation is possible, we have a reputation for taking tough cases to trial and winning.

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