Narrative Summary: United States v. Percoco

The Second Circuit affirmed Percoco and Aiello's convictions for honest-services wire fraud, holding that while the "as opportunities arise" jury instruction was technically flawed under *Skilling*, the error was harmless given the overwhelming evidence. The court further ruled that non-officials who dominate government business owe a fiduciary duty to the public, rejecting the argument that Percoco's status as an unaffiliated advisor precluded liability. Consequently, the defendants' convictions stand and no new trial is required. Read the full decision narrative and case summary.