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Fraud

Second Circuit Vacates Convictions in FIFA Corruption Case

Strategic Insights

— 1 min read

In a significant ruling, the United States Court of Appeals for the Second Circuit vacated the convictions of defendants involved in the FIFA corruption scandal, holding that their conduct falls within the scope of the honest services wire fraud statute. The court, comprising Judges Walker, Robinson, and Merriam, concluded that the defendants' bribery schemes, which involved foreign organizations and officials, were not exempt from the statute due to the presence of relevant conduct in the United States and the involvement of US-based executives and organizations.

Key Takeaways:

  • The Second Circuit vacated the convictions of defendants involved in the FIFA corruption scandal, citing error in granting their post-trial motions.
  • The court held that the defendants' bribery schemes, which involved foreign organizations and officials, fell within the scope of the honest services wire fraud statute.
  • The court concluded that the foreign identity of certain organizations and officials did not remove the schemes from the statute, particularly where relevant conduct occurred in the United States and benefited US-based executives and organizations.
  • The court emphasized that the character of the relationship between the bribed officials and the organizations to whom they owed a duty of loyalty placed the schemes within the scope of the statute.
  • The defendants argued that the statute did not criminalize their conduct as a matter of statutory construction, but the court disagreed.
  • The court remanded the case for further proceedings.

Statistics:

  • The defendants were convicted of conspiracy to commit honest services wire fraud in connection with their involvement in the FIFA corruption scandal.
  • The Second Circuit's ruling vacated the convictions and remanded the case for further proceedings.
  • The court's decision emphasized the importance of determining the scope of the honest services wire fraud statute in cases involving foreign organizations and officials.
  • The case highlights the complexities of international bribery and corruption cases, where jurisdiction and statute issues can be nuanced.

Sources:

  • United States v. Lopez, 23-7183-cr(L)
  • United States Court of Appeals for the Second Circuit

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