Governor's campaign manager persuades Supreme Court to overturn fraud conviction

Client(s) Percoco, Joseph

The Supreme Court ruled unanimously in favor of Jones Day's client, Joseph Percoco, a former top aide and campaign manager for New York Governor Andrew Cuomo, in a challenge to his conviction for honest-services fraud arising from conduct when he was a private citizen serving as campaign manager. 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. The Supreme Court rejected that legal rule, agreeing with Jones Day's position that it was overly vague and susceptible to abuse.

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