News & Analysis as of September 19, 2024

Supreme Court of the United States › Bank Fraud

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

Investigations Newsletter: Briefing Regarding FCA Circuit Split Continues Before The Supreme Court

ArentFox Schiff on 6/10/2022

Briefing Regarding FCA Circuit Split Continues Before The Supreme Court - In response to a recent DOJ filing, a hospice whistleblower claimed that the DOJ failed to substantiate its claim that circuit courts have similar...more

Supreme Court 2016-17 Recap

Skadden, Arps, Slate, Meagher & Flom LLP on 6/20/2017

The politics surrounding the appointment of a new justice to the U.S. Supreme Court dominated the news cycle during the 2016-17 term, but the Court’s decisions themselves have been far from controversial. As the term draws to...more

"2016-17 Supreme Court Update"

Skadden, Arps, Slate, Meagher & Flom LLP on 1/31/2017

In a season of political surprises, the eight-member U.S. Supreme Court has stirred no controversy with its decisions so far this term. The handful of opinions the Court released in the fall were unanimous and, for the most...more

U.S. Supreme Court Weighs In on Bank Fraud

Manatt, Phelps & Phillips, LLP on 1/25/2017

Weighing in on the bank fraud statute, the U.S. Supreme Court sided with the government to hold that the bank had a property interest in the customer's deposits, and the law does not require proof that the bank suffered...more

The Supreme Court’s Broad Interpretation of the Bank Fraud Statute May Provide a Potent Tool in Combatting Cybercrime

Cadwalader, Wickersham & Taft LLP on 12/20/2016

The Supreme Court in Shaw v. United States recently held that the federal bank fraud statute does not require that defendants cause, or intend to cause, an actual financial loss to the financial institutions they seek to...more

Fraudster Beware: Your Scheme to Defraud Could be a Federal Crime if it Involves a Bank

BCLP on 12/15/2016

Normally, a scheme to defraud another individual would be a state crime, prosecuted and sentenced at the state level (leaving aside use of U.S. mail or wires). To be convicted of the state crime of fraud usually requires...more

Corporate Investigations and White Collar Defense - June 2016

Manatt, Phelps & Phillips, LLP on 6/9/2016

Eye on the Supreme Court—Corruption and Fraud Edition - Why it matters: This session, the Supreme Court has undertaken the review of numerous cases that raise thorny issues arising in the white collar context. In our...more

Bank Fraud Statute Returns to Supreme Court

Manatt, Phelps & Phillips, LLP on 5/19/2016

Does the federal bank fraud statute require proof of an intent to deceive a bank as well as cheat it out of some of its funds? What happened - The U.S. Supreme Court has agreed to answer this question in Shaw v....more

Supreme Court To Resolve Circuit Split Over Bank Fraud Statute

Proskauer - Corporate Defense and Disputes on 4/28/2016

On Monday April 25, the U.S. Supreme Court granted certiorari in United States v. Shaw, a closely watched case out of the Ninth Circuit addressing the bank fraud statute, 18 U.S.C. § 1344. That statute has two subsections,...more

Supreme Court Adopts Broad Interpretation Of Bank Fraud

Manatt, Phelps & Phillips, LLP on 7/23/2014

Choosing to adopt a broad view of what constitutes bank fraud under the federal bank fraud statutes, the U.S. Supreme Court held that to constitute a violation of the statute, no proof of intent to defraud the particular...more

Finding Bank Fraud Without Defrauding Bank – Supreme Court Grapples with Reach of Federal Criminal Bank Fraud Statute

Troutman Pepper on 7/16/2014

On June 23, 2014, the United States Supreme Court in Loughrin v. United States unanimously rejected the petitioner’s argument to narrow the federal criminal law against bank fraud by reading into that statute’s second clause...more

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Supreme Court of the United States › Bank Fraud

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