Clark, former chief of staff to Gov. Frank Murkowski and before that a Juneau lobbyist and attorney, last month sought to have his charge thrown out under a recent U.S. Supreme Court ruling that narrowed the law barring conflicts of interest under which he, and many other public and corporate officials around the country, have been convicted.
In his filing Friday in U.S. District Court in Anchorage, assistant U.S. attorney Kevin Feldis agreed that Clark's 2008 guilty plea was to a felony that no longer exists...
Last month, Clark asked a federal judge to dismiss his case despite his guilty plea in 2008 to a single count of defrauding Alaska citizens of their right to his honest services as a public official. Clark admitted conspiring with former officials of the defunct oil-field services company Veco Corp. to channel $68,550 in illegal contributions to Murkowski's political campaign -- without Murkowski's knowledge, he said...
But last summer, in cases brought by former public and corporate officials, including Weyhrauch, the Supreme Court narrowed the scope of the honest services fraud statute. Where once it covered undisclosed conflicts of interest and self-dealing, the justices said it could only apply when bribery or kickbacks were involved. Neither was alleged in the Clark case, and both Clark and prosecutors agreed he was no longer in violation of the weakened law.
http://www.adn.com/2010/10/08/1492937/us-attorneys-office-agrees-to.html