Supreme Court of the United States

Percoco v. United States

May 11, 2023598 U.S. 319

Summary

The Supreme Court held that the jury instructions based on the Margiotta test for honest‑services fraud were unconstitutionally vague and therefore erroneous, leading to a reversal and remand of the Second Circuit’s judgment. The Court affirmed that a private individual can owe a fiduciary duty to the public when acting as an actual agent of the government, but rejected the broad application of the Margiotta standard.