News & Analysis as of

Right to Control Fraud

BakerHostetler

Supreme Court Limits Criminal Fraud to Deprivation of 'Traditional Property Interests'

BakerHostetler on

As discussed in our alert following the oral argument in this case, in Ciminelli v. United States, a construction company executive named Louis Ciminelli appealed his wire fraud conviction in connection with bid rigging...more

BakerHostetler

Does the Supreme Court Argument in Ciminelli Foreshadow Further Narrowing of Federal Fraud Statutes?

BakerHostetler on

In recent years, the U.S. Supreme Court has narrowed the scope of various federal criminal fraud statutes. For example, in McDonnell v. United States, the Court overturned the honest services fraud conviction of the former...more

McGuireWoods LLP

Schemes that Deprive a Person of “Potentially Valuable Economic Information” – Punishable Under the Federal Wire Fraud Statute?

McGuireWoods LLP on

On Monday November 28, 2022, the U.S. Supreme Court heard oral arguments on Ciminelli v. United States. The Court will decide whether the “right-to-control” theory of fraud used by the Second Circuit is a valid basis for...more

Zuckerman Spaeder LLP

Sentencing in Government Contracting Fraud Cases When There is No Actual or Intended Loss

Zuckerman Spaeder LLP on

In government contracting fraud cases with no actual or intended loss, defense attorneys should be on the lookout for prosecution attempts to invoke the “government benefits rule” to estimate “total gain” as an alternative...more

Foley Hoag LLP - White Collar Law &...

Supreme Court Preview: The Supreme Court Poised to Address Key Federal Wire Fraud Issue

In the 2022-2023 term, the Supreme Court will address the definition of “property” under the federal wire fraud statute, which prohibits a person from “obtaining money or property by means of false pretenses.” 18 U.S.C. §...more

Patterson Belknap Webb & Tyler LLP

Return to Sender: Aéropostale Employee’s Fraud Convictions Affirmed, But Restitution Order Sent Back for Recalculation

Aéropostale is known by many as a staple of adolescent wardrobes and shopping-mall standard. But as a patsy for kickback schemes? In United States v. Finazzo, 14-3213-cr, 14-3330-cr (Droney, J., joined by Judges Sack and...more

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