News & Analysis as of

Criminal Prosecution Statutory Interpretation False Statements

Benesch

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

Benesch on

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

Orrick, Herrington & Sutcliffe LLP

U.S. Supreme Court rules misleading statements to FDIC not criminal

On March 21, the U.S. Supreme Court issued an opinion regarding the meaning of “false statement” in 18 U.S.C. § 1014 which defines terms for those who knowingly make a false statement or report. The case’s petitioner had...more

Cadwalader, Wickersham & Taft LLP

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

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

Mayer Brown

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

Mayer Brown on

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

Venable LLP

Update: SCOTUS Reverses Seventh Circuit on False Statements Conviction

Venable LLP on

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

Dorsey & Whitney LLP

The Supreme Court Update - March 21, 2025

Dorsey & Whitney LLP on

The Supreme Court of the United States issued two decisions on March 21st: Delligatti v. United States, No. 23-825: This case interprets 18 U.S.C. § 924(c), which imposes a five-year mandatory minimum sentence when a...more

Venable LLP

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

Venable LLP on

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

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