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 private‑person honest‑services fraud were unconstitutionally vague, reversed the Second Circuit’s judgment and remanded for further proceedings. The Court also rejected the notion that a private citizen outside public office can never owe a duty of honest services, but found the specific test applied in this case insufficient.