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Jury Instructions: Arthur Andersen LLP v. United States (CRS Report for Congress)

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Release Date June 20, 2005
Report Number RS22169
Report Type Report
Authors Michael V. Seitzinger, American Law Division
Source Agency Congressional Research Service
Summary:

On May 31, 2005, the United States Supreme Court issued its decision in Arthur Andersen LLP v. United States , a case concerning disputed jury instructions as to the meaning of a "corrupt persuasion" conviction under 18 U.S.C. section 1512(b). The case was appealed from the Fifth Circuit, which had held that jury instructions issued by the District Court accurately conveyed the meaning of the statutory terms "corruptly persuades" and "official proceeding" and that the jury did not need to find any consciousness of wrongdoing. The Supreme Court reversed, holding that the term at issue could apply only to persons conscious of wrongdoing and that there must be a nexus between the action and the particular proceeding.
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