Governor's top aide argues in Supreme Court to overturn fraud conviction

Clients Percoco, Joseph

After securing certiorari from the Supreme Court, Jones Day has briefed and argued the case of Joseph Percoco, a former top aide and campaign manager for New York Governor Andrew Cuomo, who is challenging his conviction for honest-services fraud arising from conduct when he was a private citizen serving as campaign manager, not in any formal government role. The Second Circuit had upheld the conviction on the theory that private citizens who hold de facto control over government decisions owe a fiduciary duty to act in the best interests of the public. Both in briefing and at the November 2022 oral argument, Jones Day disputed that theory, calling it unprecedented and dangerous.

Percoco v. United States, No. 21-1158 (U.S.)