Percoco v. United States

Summary

The Court held that a private person's influence over government and special relationship with government personnel do not, under the vague Margiotta standard, establish a duty of honest services under 18 U.S.C. §1346. It rejected Percoco's categorical argument that private persons can never owe that duty, explaining that actual government agents may have fiduciary obligations without formal public employment. The Court declined to affirm on the Government's alternative theories, reversed the Second Circuit's judgment, and remanded. Justice Alito wrote for the Court; Justice Jackson joined except for the discussion of the Government's alternative theories in Part II–C–2. Justice Gorsuch, joined by Justice Thomas, concurred in the judgment, arguing that the honest-services statute itself remains impermissibly vague and that Congress, rather than courts, must define the prohibited conduct.