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Criminal Conspiracy Supreme Court of the United States

WilmerHale

Second Circuit Decision Clarifies Scope of Honest Services Wire Fraud Statute

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On July 2, 2025, the U.S. Court of Appeals for the Second Circuit ruled in United States v. Lopez that foreign commercial bribery schemes fall within the ambit of the honest services wire fraud statute, 18 U.S.C. §...more

Womble Bond Dickinson

Recent Supreme Court Activity with Major Implications for Government Contractors

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Two recent Supreme Court matters signal major implications for government contractors. First, the Supreme Court will review whether government contractors can appeal a denial of a sovereign immunity defense in lawsuits...more

Troutman Pepper Locke

Will DBE Fraud Continue to Be Prosecuted? The Impact of the Kousisis Decision in the Shifting Affirmative Action Landscape

Troutman Pepper Locke on

On May 22, the Supreme Court in Kousisis, et al., v. United States, affirmed the convictions of a painting subcontractor and its owner (defendants) under the federal wire fraud statute for conspiring to defraud the Department...more

Dorsey & Whitney LLP

The Supreme Court Update - May 23, 2025

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On Thursday, May 22, the Supreme Court of the United States issued two decisions: Kousisis v. United States, No. 23-909: This case addresses the elements of the federal wire fraud statute, 18 U.S.C. § 1343....more

Perkins Coie

SCOTUS Seems Torn in Tangling With Fraudulent Inducement Theory of Federal Fraud Statutes

Perkins Coie on

On December 9, 2024, the Supreme Court of the United States heard oral argument in Kousisis v. United States. The case squarely assesses the validity of the “fraudulent inducement” theory of mail and wire fraud under federal...more

ArentFox Schiff

Investigations Newsletter: US Supreme Court Declines to Consider AKS ‘Willfulness’ Question

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US Supreme Court Declines to Consider AKS ‘Willfulness’ Question - On October 7, the US Supreme Court denied a petition in which a whistleblower asked the Court to decide whether a “willful” act under the federal...more

ArentFox Schiff

Investigations Newsletter: DOJ Enters Into DPAs with Former Deerfield Traders and CMS Consultant

ArentFox Schiff on

DOJ Enters Into DPAs with Former Deerfield Traders and CMS Consultant - On July 24, 2023, the US Department of Justice (DOJ) entered into deferred prosecution agreements with Theodore Huber and Robert Olan, former traders...more

Miller Canfield

U.S. Supreme Court Confirms that Foreign Companies Can Use a Powerful Tool to Enforce International Arbitration Awards

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The U.S. Supreme Court recently confirmed that foreign companies looking to enforce international arbitration awards have a powerful tool at their disposal: a U.S. statute targeting organized criminal activity. In Yegiazaryan...more

ArentFox Schiff

Investigations Newsletter: Court Unseals Charges Alleging Nearly $15 Million in Fraudulent PPP Loans

ArentFox Schiff on

Court Unseals Charges Alleging Nearly $15 Million in Fraudulent PPP Loans - Earlier this week, federal prosecutors in the Southern District of New York announced the unsealing of a criminal complaint charging six...more

Lippes Mathias LLP

United States Supreme Court Unanimously Overturns Fraud Convictions

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In September 2016, the United States Attorney for the Southern District of New York charged, among other defendants, former New York Governor Andrew Cuomo’s campaign manager, Joseph Percoco, not-for-profit Fort Schuyler...more

Foley Hoag LLP

DOJ and SEC Release Second Edition of FCPA Resource Guide

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On July 3, 2020, the Department of Justice (“DOJ”) and the Securities and Exchange Commission (“SEC”) released the Second Edition of their Resource Guide to the U.S. Foreign Corrupt Practices Act (the “Resource Guide”). As...more

K&L Gates LLP

U.S. Supreme Court Rejects Corporate Liability for International Human Rights Violations

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The U.S. Supreme Court recently held in Jesner v. Arab Bank, PLC that foreign corporations cannot be sued under the Alien Tort Statute (“ATS”). This statute, enacted by the first Congress in 1789, is a jurisdictional statute...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Jesner v. Arab Bank, PLC

On April 24, 2018, the Supreme Court decided Jesner v. Arab Bank, PLC, No. 16-499, holding that foreign corporations may not be defendants in suits brought under the Alien Tort Statute (ATS), 28 U.S.C. § 1350....more

Foley Hoag LLP - Global Business and Human...

Alien Tort Case Development: District Court Allows Plaintiffs to Proceed in Al Shimari v. CACI

For Alien Tort-watchers, all eyes are focused on the Supreme Court and the pending decision in Jesner v. Arab Bank, which may determine that corporations are not appropriate defendants in cases brought pursuant to the Alien...more

A&O Shearman

U.S. Supreme Court To Review Ex-CEO's Appeal Regarding Restitution Of Legal Fees Associated With An Internal Investigation

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On January 12, 2018, the Supreme Court granted certiorari to hear an appeal from a two-judge, Fifth Circuit panel decision regarding whether federal law permits restitution orders in criminal cases to cover the costs of...more

Dorsey & Whitney LLP

The Supreme Court - May 2016

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The Supreme Court of the United States issued one decision on May 2, 2016: Ocasio v. United States, No. 14-361: Petitioner Samuel Ocasio, a former police officer, was tried and convicted under the Hobbs Act for...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Ocasio v. United States

A defendant may be convicted of conspiring to violate the Hobbs Act, 18 U. S. C. §1951, based on proof that the defendant reached an agreement with the owner of the property in question to obtain that property under color of...more

WilmerHale

Testing The 5th: Compelled Testimony From Foreign Regulators

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The circumstances of the prosecution of Anthony Allen and Anthony Conti exemplify how cross-border cooperation and parallel investigations can give rise to novel issues in a subsequent criminal trial. Allen and Conti were...more

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