Narrative Summary: United States v. Percoco

The Second Circuit affirmed Percoco and Aiello's convictions for honest-services wire fraud, ruling that while the "as opportunities arise" jury instruction fell short of the required standard for a specific commitment to official action, the error was harmless. The court further held that non-employees may owe fiduciary duties under federal law if they dominate governmental business and are relied upon by officials, rejecting the argument that Percoco's status precluded liability. Consequently, the defendants' convictions stand as no reversible error affected the trial's outcome. Read the full decision narrative and case summary.