News & Analysis as of

White Collar Crimes 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

Perkins Coie

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

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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

Stevens & Lee

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

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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 Pepper Locke

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

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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

Bradley Arant Boult Cummings LLP

Government Contracts White-Collar Alert: Supreme Court Clarifies Wire Fraud Statute

The U.S. Supreme Court recently delivered a significant ruling in Stamatios Kousisis, et al. v. United States, affirming that a defendant can be convicted of federal fraud for inducing a transaction through materially false...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

Pietragallo Gordon Alfano Bosick & Raspanti,...

No Harm, Still Foul: Supreme Court Affirms Expansive Reach of Wire Fraud Statute in Kousisis

In a recent decision upholding the expansive reach of the federal wire fraud statute (18 U.S.C. §1343), the U.S. Supreme Court ruled in Kousisis v. United States, No. 23-909 (May 22, 2025) that a defendant can be convicted of...more

Mayer Brown

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

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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

Zuckerman Spaeder LLP

Recent Developments in the “Change in the Law” Reason for Compassionate Release

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Over the last several years, thousands of incarcerated individuals have filed motions for compassionate release. As part of the submission process, individuals must outline the “extraordinary and compelling” reasons that...more

Benesch

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

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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

Pietragallo Gordon Alfano Bosick & Raspanti,...

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

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

Mayer Brown

The Supreme Court Continues Its Recent Trend of Rejecting DOJ’s Broad Reading of Federal Criminal Law in Thompson v. United States

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On March 21, 2025, the Supreme Court continued its push back on an expansive reading of the federal criminal laws involving fraud and corruption by overturning the false statement conviction of Patrick Daley Thompson. In a...more

Patterson Belknap Webb & Tyler LLP

Second Circuit Rejects Double Jeopardy and Sufficiency of the Evidence Arguments After Remand in Ciminelli Case

In United States v. Aiello, the Second Circuit (Raggi, Chin, Sullivan) remanded the cases of Steven Aiello, Joseph Gerardi, Louis Ciminelli, and Alain Kaloyeros (collectively, the “defendant-appellants”) for retrial on their...more

Axinn, Veltrop & Harkrider LLP

Axinn at the 2025 ABA White Collar Crime Conference

The 40th American Bar Association White Collar Crime Conference took place on March 5-7, 2025 in Miami, and was once again loaded with timely discussion on a range of U.S. criminal enforcement topics. Axinn partners Dan Oakes...more

ArentFox Schiff

White Collar and Enforcement Outlook 2025

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With 2025 underway, the ArentFox Schiff White Collar team highlights the US Department of Justice’s (DOJ) new enforcement priorities and two cases pending before the US Supreme Court that could have sweeping implications for...more

Paul Hastings LLP

Supreme Court Poised to Narrow Materiality

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The materiality standard in fraud cases may soon shift dramatically if the comments of Supreme Court justices during a recent oral argument are any indication. A rollback of the materiality standard would be the latest in a...more

Perkins Coie

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

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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

Bracewell LLP

“No Harm, No Foul”: Who Will Referee Future White-Collar Prosecutions?

Bracewell LLP on

On December 9, the US Supreme Court heard oral argument in Kousisis v. United States, a case that has significant potential ramifications for white-collar prosecutions on the federal level....more

Sheppard Mullin Richter & Hampton LLP

Is the Supreme Court Likely to Narrow Scope of Federal Fraud in Kousisis v. United States?

On December 9, 2024, the U.S. Supreme Court heard oral argument in Kousisis v. United States, a case that asks the Supreme Court to significantly narrow the scope of what behavior constitutes a federal criminal fraud....more

Saul Ewing LLP

U.S. Supreme Court Hears Oral Argument in False Claims Act Case

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The U.S. Supreme Court recently heard arguments in Wisconsin Bell, Inc. v. United States ex rel. Todd Heath, Docket No. 23-1127, a case in which the Court agreed to review whether reimbursement requests submitted to the...more

Cozen O'Connor

Whistleblower Watch - A quarterly update on FCA Enforcement and Qui Tam Litigation

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Whistleblower Watch is a critical resource for in-house counsel and compliance professionals. Each quarter, Cozen O’Connor summarizes the most notable False Claims Act (FCA) enforcement actions, settlements, and legal trends,...more

Perkins Coie

Novel Decision Striking Down False Claims Act’s Qui Tam Statute Tees Up Further Litigation Over Whistleblower Lawsuits

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A recent Florida district court decision declared that the False Claims Act’s (FCA) qui tam provision violates the Constitution by vesting executive power in private whistleblowers (relators) that have not been appointed by...more

Bradley Arant Boult Cummings LLP

Federal District Court in Florida Holds FCA’s Qui Tam Provisions Unconstitutional

Mandatory disclosure obligations significantly changed for federal grant recipients, sub-recipients, and applicants on October 1, 2024. The amended federal regulation establishing these mandatory disclosures (2 C.F.R. §...more

Vinson & Elkins LLP

Supreme Court Declines to Revisit Limitations on Anti-Kickback Statute: What This Means for Enforcement of Corruption, Kickbacks...

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On October 7, 2024, the U.S. Supreme Court declined to hear a case concerning the “willfulness” element of the Anti-Kickback Statute (the “AKS”). This decision leaves intact a recent Second Circuit holding, which established...more

Baker Donelson

Timing is Everything: The Court's Latest Gift to Defendants in Bribery Prosecutions (Snyder v. United States)

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Readers of prior Firm client alerts in the white-collar criminal space will no doubt recall the Supreme Court's recent trend of scaling back the powers of the Department of Justice (DOJ) in prosecuting public corruption...more

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