An attempt to limit the definition of kickbacks in the federal theft of honest services statute was rejected Tuesday by the U.S. Court of Appeals for the Second Circuit.
The panel said the statute’s definition, set forth by the U.S. Supreme Court in the case of Jeffrey Skilling, does nothing to help Darin DeMizio, a former Morgan Stanley & Co. stock-loan specialist who had third parties and companies pay his father and brother more than $1.5 million in fees in return for Morgan Stanley business.
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