Governor's top aide secures Supreme Court review of fraud conviction
Clients Percoco, Joseph
The Supreme Court granted a petition for certiorari filed by Jones Day on behalf of Joseph Percoco, a former top aide and campaign manager for New York Governor Andrew Cuomo. The petition challenged Percoco's 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. Jones Day disputed that theory in the petition, calling it unprecedented and dangerous. The case is expected to be argued in December 2022.
Percoco v. United States, No. 21-1158 (U.S.)