Back in February, I blogged about Justice Scalia’s dissent from denial of certiorari in Sorich v. United States, in which Justice Scalia drew attention to the remarkably broad lower court precedents interpreting the scope of honest services fraud. I wrote, ” Go, Nino, go. I hope this signals renewed interest in this statute — and more generally, in the need to construe criminal statutes narrowly.”
In light of that post, I thought I would flag to readers that the Supreme Court granted certiorari in Black v. United States, a case challenging the conviction of Conrad Black, that will raise some of these issues. The petition for certioari (with Miguel Estrada as counsel of record) is here. The lower court opinion, by Judge Posner, is here.