News & Analysis as of

Criminal Prosecution Wire Fraud

Quinn Emanuel

The White Collar Appeal: Second Circuit Holds That Judges Can’t Increase Sentences to Offset Reductions from the First Step Act or...

Quinn Emanuel on

In a case of first impression in the federal Courts of Appeals, the Second Circuit held that district courts may not consider a defendant’s potential eligibility for a sentence reduction under the First Step Act or programs...more

Quinn Emanuel

The White Collar Appeal: Fourth Circuit Chips Away at Ciminelli, Closes Its Eyes to Cleveland

Quinn Emanuel on

In the United States, a nonprofit called the American Registry for Internet Numbers (“ARIN”) is responsible for the assignment of IP addresses, the unique identifiers assigned to each device that connects to the Internet....more

Quinn Emanuel

The White Collar Appeal: Seventh Circuit Holds Spoofing is Fraud

Quinn Emanuel on

“Spoofing,” or the practice of submitting buy or sell orders to trading platforms with the intent to withdraw them prior to execution, is considered fraud under the Seventh Circuit’s decision in United States v. Smith, issued...more

Sheppard Mullin Richter & Hampton LLP

Second Circuit Vacates Fraud Conviction in First Crypto “Insider Trading” Case

In United States v. Chastain, No. 23-7038, 2025 WL 2165839 (2d Cir. July 31, 2025), the United States Court of Appeals for the Second Circuit vacated wire fraud and money laundering convictions in what the government...more

Benesch

Second Circuit Widens the Gap Between Wire Fraud and Intangible Interests - Confidential Business Information Without Commercial...

Benesch on

The Second Circuit has narrowed the wire fraud statute (18 U.S.C. § 1343), ruling that a fraudulent scheme must target property with actual commercial value to the victim; mere confidential business information...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The Fraud That Is Matt Hutcheson

I’ve been in the retirement plan business for 27 years, and during that time, I’ve seen the best and the worst it has to offer. But without a doubt, the most despicable person I’ve encountered is Matt Hutcheson. Matt paraded...more

Perkins Coie

Second Circuit Narrows Scope of Federal Criminal Fraud Statute in NFT “Insider Trading” Case

Perkins Coie on

In United States v. Chastain, a split panel of the Second Circuit recently vacated the convictions of a former executive of an NFT marketplace who had been charged with misusing confidential information to trade NFTs for...more

Morrison & Foerster LLP

Top 10 International Anti-Corruption Developments for July 2025

Designed for busy in-house counsel, compliance professionals, and anti-corruption lawyers, this newsletter summarizes some of the most important international anti-corruption law and enforcement developments from the past...more

Perkins Coie

Second Circuit Reverses Wire Fraud Conviction After Supreme Court’s Ciminelli Ruling: Key Takeaways on the Right-to-Control and...

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This month marked a significant development in the wake of the Supreme Court’s 2023 rejection of the “right-to-control” theory of fraud in Ciminelli v. United States. In Johnson v. United States, the Second Circuit...more

A&O Shearman

Second Circuit Vacates Wire Fraud Conviction For “Insider Trading” On NFTs

A&O Shearman on

On July 31, 2025, a divided panel of the United States Court of Appeals for the Second Circuit issued an opinion vacating the wire fraud and money laundering convictions of a former manager of a marketplace for non-fungible...more

WilmerHale

Reversals of Fraud Charges Highlight Difficulties in Bringing Market Manipulation Cases

WilmerHale on

Establishing that criminal defendants engaged in market manipulation is extremely difficult, often due to the difficulty in establishing that the defendant created prices that did not reflect legitimate sources of supply or...more

WilmerHale

Second Circuit Decision Clarifies Scope of Honest Services Wire Fraud Statute

WilmerHale on

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

A&O Shearman

Supreme Court Decision Endorses Fraudulent-Inducement Theory Under Federal Wire Fraud Statute, Resolving Circuit Split And...

A&O Shearman on

On May 22, 2025, in a significant decision that clarifies the scope of the federal wire fraud statute and resolves a circuit split, the U.S. Supreme Court upheld a pair of wire fraud convictions that had been premised on a...more

Fisher Phillips

Federal Appeals Court Upholds Criminal Convictions After OSHA Inspection: What Employers Must Know to Avoid Jail Time

Fisher Phillips on

A federal court of appeals just upheld the convictions of two workplace managers after an OSHA inspection quickly evolved into a criminal prosecution. The U.S. Court of Appeals for the 7th Circuit offered a stark warning to...more

Hogan Lovells

Robbinhood ransomware hacker pleads guilty to charges stemming from 2019 attack on Baltimore

Hogan Lovells on

Sina Gholinejad, an Iranian hacker involved in the 2019 international extortion scheme against the City of Baltimore using the Robbinhood ransomware, pleaded guilty to computer fraud and wire fraud charges on Tuesday, May 27,...more

The Volkov Law Group

Supreme Court’s Wire Fraud Decision Raises Risks for Government Contractors

The Volkov Law Group on

In a unanimous decision, the U.S. Supreme Court, in Kousisis v. United States affirmed a lower court’s decision upholding a conviction of federal wire fraud for inducing a victim to enter into a transaction under materially...more

Pillsbury Winthrop Shaw Pittman LLP

SCOTUS Holds Intent to Cause Economic Harm is Not Required for Wire Fraud, Expanding Liability

The U.S. Supreme Court’s decision in Kousisis et al. v. United States clarifies that criminal federal wire fraud does not require that the defendant intended to cause the victim economic harm....more

Stevens & Lee

Supreme Court Holds That Economic Loss Is Not Required for Wire Fraud

Stevens & Lee on

On May 22, 2025, the Supreme Court of the United States resolved a deep circuit split by holding that “fraudulent inducement” is a valid theory of wire fraud under 18 U.S.C. § 1343. In other words, lying to induce a victim...more

Troutman Amin LLP

SCAMMERS OR DUMMIES?: Selling Limited Benefits Plans to Consumers Seeking Health Insurance Lands Four Dudes In Hot Water–BUT Are...

Troutman Amin LLP on

The lead generation industry is fascinating. If there is one over arching mantra it is this– monetize all data available. And sometimes that can get folks into BIG trouble, especially when lead buyers end up pitching...more

McDermott Will & Schulte

No Loss, No Problem: SCOTUS Expands Wire Fraud Reach in Kousisis Ruling

On May 22, 2025, the Supreme Court of the United States (the Court) issued its opinion in Kousisis v. United States, holding that a defendant may be convicted of wire fraud for inducing a victim to enter a contract under...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

Perkins Coie

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

Perkins Coie on

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

Cooley LLP

US Supreme Court Upholds Wire Fraud Convictions, Says Economic Loss Not Required

Cooley LLP on

When an executive learns that she is being investigated for fraud, her first reaction often is: “But I didn’t intend for anyone to lose money!” This entirely understandable response may well be true (and lead the executive to...more

Wiley Rein LLP

Supreme Court Decision Could Galvanize Prosecutions of Government Contractors

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The U.S. Supreme Court’s May 22 decision in Kousisis v. United States could have wide-ranging implications for criminal and civil fraud cases against government contractors going forward. The Court ruled that a government...more

Perkins Coie

Supreme Court Upholds Fraudulent Inducement Theory of Wire Fraud

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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

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