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SCOTUS to Hear Cuomo Aide’s Bribery Appeal

The Supreme Court agreed to review the corruption convictions of Joe Percoco, a longtime aide to former New York Gov. Andrew Cuomo, in a case that may call into question the legality of honest-services fraud prosecutions.Over the opposition of the Biden administration, the high court decided on June 30 to hear Percoco v. United States, court file 21–1158. As is their custom, the justices didn’t provide reasons for their decision to accept the case.
Percoco was convicted in 2018 on two counts of conspiracy to commit honest-services fraud for taking in upward of $300,000 from companies that hoped to gain influence with the Cuomo administration. He was sentenced to six years in prison, but was released two years early in 2021.
He had been executive deputy secretary in the governor’s office, but at the time of the payments that the government characterized as bribes, he had temporarily stepped down from the position to run Cuomo’s reelection campaign.
The Biden administration stated in a brief (pdf) that despite formally leaving state employment, Percoco “held onto and used his [governor’s office] telephone, desk, and office, where he cont …

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