Criminal Prosecution, Misleading Statements, SCOTUS

When is “Misleading” Not “False”? The Supreme Court's Decision in Thompson v. United States and Its Implications for Government...

Baker Botts L.L.P. on 4/7/2025

On March 21, 2025, a unanimous Supreme Court held in Thompson v. United States that a federal statute prohibiting “false” statements to banks, 18 USC § 1014, does not apply to statements that are merely misleading. Although...more

Fraud by Omission? How Thompson v. United States Could Narrow the Reach of the Federal Wire, Mail, and Bank Fraud Statutes

Benesch on 4/4/2025

The vast majority of federal white-collar fraud enforcement actions are prosecuted under the wire, mail, or bank fraud statutes. 18 U.S.C. §§ 1341, 1343, and 1344. The Supreme Court’s recent decision in Thompson v. United...more

U.S. Supreme Court Draws the Line: Misleading Statements Aren’t Always False

Pietragallo Gordon Alfano Bosick & Raspanti,... on 4/4/2025

Last week a unanimous U.S. Supreme Court issued an opinion in Thompson v. United States, 2025 WL 876266 (2025), holding that a statement that is literally true but allegedly misleading, is not a “false statement” under 18...more

Supreme Court Excludes “Misleading” Statements from False Statement Liability in Thompson v. U.S.

Cadwalader, Wickersham & Taft LLP on 3/28/2025

In a unanimous decision issued on March 21, 2025, the Supreme Court in Thompson v. U.S. heightened the burden of proof for “false” statements under 18 U.S.C. § 1014, excluding “misleading” but true statements from liability...more

Update: SCOTUS Reverses Seventh Circuit on False Statements Conviction

Venable LLP on 3/25/2025

On March 21, the Supreme Court announced its opinion in Thompson v. United States, reversing the Seventh Circuit and holding that 18 U.S.C. § 1014's prohibition on making "any false statement" does not extend to misleading,...more

False Alarm? SCOTUS to Consider Whether Misleading but Literally True Statements Are “False” Under Federal Criminal Law

Venable LLP on 3/3/2025

If you tell your partner that you spent $100 on a rare bobblehead for your office, when the full price was actually $1,000, have you said anything false? Literally, you did spend $100; you just spent another $900 as well....more