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US Supreme Court’s Esteras Ruling on Factoring “Retribution” Into Supervised Release Decisions Will Likely Have Limited Practical...

The Supreme Court of the United States’ decision last week in Esteras v. United States restricted the factors lower courts may consider in imposing prison sentences following supervised release revocations. Those awaiting the...more

US Supreme Court Adopts Expansive “Fraudulent Inducement” Theory of Wire and Mail Fraud

As we previously reported, last month, the Supreme Court of the United States in Kousisis v. United States roundly endorsed the expansive “fraudulent inducement” theory of federal wire and mail fraud. Resolving a circuit...more

Supreme Court Upholds Fraudulent Inducement Theory of Wire Fraud

On May 22, 2025, the Supreme Court of the United States affirmed prosecutors’ ability to pursue mail and wire fraud charges under the “fraudulent inducement” theory. Under that theory, a defendant need not intend to cause...more

First Circuit Imposes Higher “But-for” Causation Standard for False Claims Act Liability Based on Alleged Anti-Kickback Statute...

On February 18, 2025, the U.S. Court of Appeals for the First Circuit added its voice to a growing chorus of appellate courts to elevate the standard of proof required to show a violation of the federal False Claims Act in...more

The SEC Speaks in 2022: Five Key Takeaways

At the Practicing Law Institute’s annual SEC Speaks conference, U.S. Securities and Exchange Commission (SEC) leadership highlighted the agency’s current enforcement priorities and previewed its agenda for the year to come...more

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