Percoco v. U.S.
Percoco v. U.S. arose out of the same bid-rigging case as Ciminelli. In this case, Percoco argues that, as he was a private citizen when the events occurred, he doesn’t owe a duty to the citizens of New York and can’t be charged under the state’s anti-corruption laws. He says that those laws require official action. The U.S. argues that this theory of fraud is valid because there’s no hard rule about a fraudster needing an official position, and since Percoco continued to work from his former government office, he held himself out as someone with influence over official decisions.
If Percoco wins, his conviction will be thrown out and the government will be unable to prosecute in cases where the person who committed the fraud wasn’t in an official position.
If the U.S. wins, such prosecutions can continue.