Jury Instructions: Arthur Andersen LLP v. United States

RS22169 -- Jury Instructions: Arthur Andersen LLP v. United States

June 20, 2005

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.