Former Enron boss Jeffrey Skilling is to appeal against his convictions relating to his role in the collapse of the energy giant in 2001.
Skilling is asking the United States Supreme Court to consider whether the Honest Services law was applied correctly.
The law has been criticised because the prosecutor does not always have to prove that a defendant personally benefited from the fraud.
Skilling was found guilty of fraud, conspiracy and insider trading in 2006 and sentenced to 24 years in prison.
Former Enron chairman Kenneth Lay was also convicted but died of a heart attack before he was able to appeal.
The US Justice Department has urged the Supreme Court to deny the appeal, or to at least delay it, until it has ruled on another pending case that raises a similar issue about the "honest services" law.