Terrible Tools for Prosecutors: Notes on Senator Leahy's Proposal to 'Fix' Skilling v. United States

This article examines a proposed legislative response to Skilling v. United States, a response approved by the Senate but never voted on by the House. It argues that federal mail fraud prosecutions disgrace American criminal justice and that amending the mail fraud statute to proscribe “undisclosed self-dealing” would make them worse.