Opinion of The Court
In a unanimous decision by the Supreme Court, Arthur Andersen's conviction was overturned. Chief Justice William Rehnquist wrote the opinion for the court, and was joined by all associate justices.
In the court's view, the instructions allowed the jury to convict Andersen without proving that the firm knew it had broken the law or that there had been a link to any official proceeding that prohibited the destruction of documents. The instructions were so vague that they "simply failed to convey the requisite consciousness of wrongdoing," Rehnquist wrote. "Indeed, it is striking how little culpability the instructions required." Rehnquist's opinion also expressed grave skepticism at the government's definition of "corrupt persuasion"—persuasion with an improper purpose even without knowing an act is unlawful. "Only persons conscious of wrongdoing can be said to 'knowingly corruptly persuade,' " he wrote.
Although the decision vacated Andersen's felony conviction, as of 2011 Andersen has not returned as a viable business even on a limited scale.
Read more about this topic: Arthur Andersen LLP V. United States
Famous quotes containing the words opinion of the, opinion of, opinion and/or court:
“Government is being founded on opinion, the opinion of the public, even when it is wrong, ought to be respected to a certain degree.”
—Thomas Jefferson (17431826)
“Uncle Matthews four years in France and Italy between 1914 and 1918 had given him no great opinion of foreigners. Frogs, he would say, are slightly better than Huns or Wops, but abroad is unutterably bloody and foreigners are fiends.”
—Nancy Mitford (19041973)
“BOSWELL. But what do you think of supporting a cause which you know to be bad? JOHNSON. Sir, you do not know it to be good or bad till the Judge determines it.... It is his business to judge; and you are not to be confident in your own opinion that the cause is bad, but to say all you can for your client, and then hear the Judges opinion.”
—Samuel Johnson (17091784)
“But such as you and I do not seem old
Like men who live by habit. Every day
I ride with falcon to the rivers edge
Or carry the ringed mail upon my back,
Or court a woman; neither enemy,
Game-bird, nor woman does the same thing twice....”
—William Butler Yeats (18651939)