Shapiro Arato Bach Wins Bail for Client Pending Appeal of Commercial Fraud Case
On January 28, 2019, a three-judge panel of the Second Circuit Court of Appeals ordered the release of our client, Andrew Davenport, on bail pending the appeal of his conviction over an alleged commercial kickback scheme. The case was prosecuted principally under the “honest services” fraud statute, a statute the Supreme Court in Skilling v. United States, 561 U.S. 358 (2010), declared unconstitutionally vague and, as a result, cabined to only “paradigmatic cases of bribes and kickbacks.” Among other substantial issues, Davenport’s appeal challenges his honest-services conviction on the ground that his case falls outside Skilling’s narrow categories. Partner Alexandra A.E. Shapiro argued the bail motion.
Read more about the argument before the Second Circuit here.
Copies of our bail briefs and the Court’s order granting bail can be found here, here and here.
An audio recording of the oral argument for the bail motion can be found here.