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Claim review. Fraud

Supported

The cited record supports the material proposition.

The Supreme Court held in Skilling v. United States, decided 24 June 2010, that the honest-services fraud statute reaches only bribery and kickback schemes and that Skilling's conduct fell outside it.

is properly confined to cover only bribery and kickback schemes
About
Enron Corporation
Claim made by
Supreme Court of the United States, court filing
Published
24 June 2010
Original
Skilling v. United States, 561 U.S. 358 (No. 08-1394)
Evidence score
93 How it was scored
Last reviewed
25 October 2026

Why this label

The Supreme Court syllabus states that the honest-services statute is properly confined to cover only bribery and kickback schemes, and that Skilling's conduct involved no such paymentS5. The holding narrowed the theory used in part of his case. The Court did not reverse the conspiracy conviction. It affirmed in part, vacated in part and remanded for harmless-error reviewS5. On remand the convictions stood, and Skilling was resentenced to 168 months in 2013S3. The record supports the narrow proposition about the statute. It does not support any claim that the ruling freed Skilling or erased his convictions.

Current procedural position

Decided on 24 June 2010, affirmed in part, vacated in part and remandedS5. On remand the convictions stood and Skilling was resentenced to 168 months on 21 June 2013S3. Final.

Record supporting the assessment

is properly confined to cover only bribery and kickback schemes
S5 Tier A Supreme Court of the United States, Skilling v. United States, 561 U.S. 358 (No. 08-1394), 24 June 2010

Conflicting or limiting record

No record located that conflicts with this assessment.

Evidence score: 93 of 100

The score grades how well the record establishes this assessment. It is not a score of Enron Corporation. Score = source authority + directness + corroboration + procedural accuracy + currency + reproducibility.

ComponentPointsMaxReason
Source authorityIs the source competent to establish the proposition?3030The Supreme Court is the top authority on the statute's scope.
DirectnessDoes the source state the proposition or only discuss adjacent facts?1820The syllabus states the narrowing of the statute directly.
CorroborationDo independent records support the same material point?1315The resentencing record shows the convictions survived the ruling.
Procedural accuracyDoes the record settle the procedural state the claim describes?1415A final Supreme Court judgment, with the remand later resolved.
CurrencyHas the record been checked against later developments?910Checked against the 2013 resentencing that followed the remand.
ReproducibilityCan a reader locate the passage and repeat the assessment?910The opinion is published and widely available.
Total93100

Timeline

  1. Case argued at the Supreme CourtS5
  2. Court narrows honest-services statute and remandsS5
  3. Skilling resentenced after convictions standS3

Related cases

  • United States v. Jeffrey K. Skilling, Kenneth L. Lay and Richard A. CauseyUS District Court for the Southern District of Texas, appeals to the US Court of Appeals for the Fifth Circuit and the Supreme Court of the United States. Criminal. Cr. No. H-04-0025.Stage: Skilling convicted and sentence final after a 2013 resentencingS1S3. Lay's conviction vacated and indictment dismissed on 17 October 2006S4.
    • Supreme Court narrows honest-services theory and remandsS5
    • Skilling resentenced to 168 monthsS3

Revision history

  • Assessment first published with label Supported.

Have a record that changes this assessment? See corrections and responses.

Sources

  1. S5Tier A Skilling v. United States, 561 U.S. 358 (No. 08-1394)Supreme Court of the United States. Court judgment. 24 June 2010.Supports the holding that the honest-services statute reaches only bribery and kickback schemes and that the judgment was affirmed in part, vacated in part and remanded. It did not reverse the convictions.
  2. S3Tier A Former Enron CEO Jeffrey Skilling Resentenced to 168 Months for Fraud, Conspiracy ChargesUS Department of Justice. Government press release. 21 June 2013.Supports the resentencing to 168 months, the forfeiture of about $42 million and that the Fifth Circuit affirmed the convictions but vacated the first sentence.
  3. S1Tier A Federal Jury Convicts Former Enron Chief Executives Ken Lay, Jeff Skilling On Fraud, Conspiracy And Related ChargesUS Department of Justice. Government press release. 25 May 2006.Supports the jury convictions of Skilling on 19 of 28 counts and Lay on all six trial counts. It does not cover later appeals or the vacatur of Lay's conviction.
  4. S4Tier A United States of America v. Kenneth L. Lay, Memorandum and Order (Cr. No. H-04-0025)US District Court for the Southern District of Texas. Court judgment. 17 October 2006.Supports the vacatur of Lay's conviction and dismissal of the indictment under the abatement rule after his death. It is the primary court order on abatement.

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