Partner quoted in ‘National Law Journal’ on the overturning of some of the ‘Varsity Blues’ convictions

Partner Andrey Spektor was quoted May 18 by the National Law Journal on the First Circuit's ruling which overturns the convictions of two “Varsity Blues” parents on all counts except those related to tax fraud. The panel’s opinion, Andrey explained, cut back on the scope of permissible honest service fraud theories, disallowing them in cases where there is no alleged kickback. “[The First Circuit opinion] will further rein in the honest services theories that veer beyond the very narrow path laid by the Supreme Court,” he said. “The First Circuit’s opinion is an example of an appellate court taking directive from the high court.” Just last week, Andrey noted, the justices reversed the honest services fraud conviction of Joseph Percoco, a former aide to ex-New York Gov. Andrew Cuomo. And it’s not just honest services fraud. The First Circuit also vacated the conviction on the property-based wire fraud theory. In short, Andrey, a former New York federal prosecutor, summed up, “[t]he wire fraud statute is often referred to as federal prosecutors’ best friend. That relationship will now be tested.”