News & Analysis as of

Fraudulent Inducement Department of Justice (DOJ)

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

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

Perkins Coie

Supreme Court Upholds Fraudulent Inducement Theory of Wire Fraud

Perkins Coie on

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

Mayer Brown

Supreme Court Clarifies Scope of Federal Fraud Statutes: Deception Alone Can Support Wire Fraud Convictions

Mayer Brown on

Overview - On May 22, 2025, the US Supreme Court issued a unanimous decision in Kousisis v. United States, providing clarity on the scope of the federal wire fraud statute, 18 U.S.C. § 1343. In a opinion authored by...more

Baker Donelson

Supreme Court Endorses "Fraudulent Inducement Theory": How the Kousisis v. United States Ruling Widens the Road for Fraud...

Baker Donelson on

If a defendant uses material misrepresentations to induce a party to enter a contract, but does not economically harm the induced party, has the defendant committed fraud? The Supreme Court has decided: Yes. On May 22, 2025,...more

Bradley Arant Boult Cummings LLP

False Claims Act: 2024 Year in Review

Bradley’s Government Enforcement and Investigations Practice Group is pleased to present the False Claims Act: 2024 Year in Review, our annual review of significant False Claims Act (FCA) cases, developments and trends. ...more

Proskauer - Corporate Defense and Disputes

Ex-Nikola Chairman Indicted for Securities Fraud

In April 2021, the SEC released several public statements that may have begun to cool a superheated SPAC market. FINRA soon followed suit, announcing in July 2021 a regulatory sweep aimed at SPACs.  Now, for the first time, a...more

Skadden, Arps, Slate, Meagher & Flom LLP

Aegerion Settles Criminal and Civil Probe of Promotional Practices, REMS and HIPAA Compliance, and Patient Assistance Programs

On September 22, 2017, Aegerion Pharmaceuticals resolved a wide-ranging probe by the Department of Justice (DOJ) regarding the company’s U.S. commercial activities relating to Juxtapid, a lipid-lowering agent for the...more

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