ALBANY, N.Y. (AP) — Federal prosecutors plan to pursue new fraud charges against former New York Senate leader Joseph Bruno despite the U.S. Supreme Court’s rejection of some other convictions for “honest services” fraud.
U.S. Attorney Richard Hartunian concedes in a recent letter to Bruno’s lawyer that jury instructions did not comply with the top court’s later ruling and Bruno’s 2009 convictions on two charges should be reversed on appeal. But he also says there’s enough evidence for the appeals court to send it back for a fresh indictment and retrial.
The Supreme Court ruled the statute criminalizes only schemes involving bribes or kickbacks.
Bruno’s lawyers argue that neither of those acts was originally alleged by prosecutors, who claimed the Republican lawmaker concealed business interests that benefited from his public post.
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