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Supreme Court of the United States › Fraud

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... more +
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 -
Cozen O'Connor

NAAG Attorney General Symposium Recap

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Between April 7 and 9, 2025, the National Association of Attorneys General held its annual Attorney General Symposium in Nashville, Tennessee. State AGs, attorney general staff, and private sector attendees heard from leaders...more

Pillsbury Winthrop Shaw Pittman LLP

Supreme Court Issues New RICO Decision

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The Supreme Court’s decision clarifies the civil damages provision of the Racketeer Influenced and Corrupt Organizations (RICO) Act. On April 2, 2025, the Supreme Court issued a decision in Medical Marijuana, Inc. v. Horn,...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

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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

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides United States v. Miller

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On March 26, 2025, the United States Supreme Court decided United States v. Miller, No. 23-824, resolving a circuit split and holding that in an action brought under § 544(b) of the bankruptcy code, § 106(a)’s sovereign...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

Sheppard Mullin Richter & Hampton LLP

SuperValu Wins False Claims Act Case with a “No Harm, No Foul” Jury Verdict

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On March 5, 2025, SuperValu, Inc. (SuperValu), a grocery store chain that operates in-store pharmacies, was cleared of liability by a Central District of Illinois federal jury—finally quashing whistleblower claims that the...more

Davis Wright Tremaine LLP

Supreme Court Allows Treble-Damage False Claims Actions To Proceed Against E-Rate Service Providers

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Broadband and telecommunications service providers should redouble efforts to comply with the rules of the FCC's "E-Rate" program that subsidizes service to schools and libraries as a result of a Supreme Court ruling that...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

ArentFox Schiff

Investigations Newsletter: Ninth Circuit Reverses Dismissal of FCA Suit

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Ninth Circuit Reverses Dismissal of FCA Suit - On Tuesday, the Ninth Circuit reversed the district court’s grant of Express Scripts’ motion to dismiss a whistleblower’s lawsuit accusing Express Scripts of defrauding the US...more

Holtzman Vogel Baran Torchinsky & Josefiak

In-Compliance: Holtzman Vogel's January 2025 Round-Up

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Supreme Court Lifts Fifth Circuit’s Corporate Transparency Act Injunction; Second District Court Enjoins Beneficial Ownership Reporting Rule and Requirements Remain Fluid - On January 23, 2025, the U.S. Supreme Court...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

Morrison & Foerster LLP

Sec Lit IQ: MoFo’s Quarterly Federal Securities Litigation and Delaware Corporate Litigation Newsletter (Q4 2024)

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We are pleased to announce the launch of MoFo’s new quarterly newsletter highlighting the most important developments in federal securities and Delaware corporate litigation. In this first edition, we provide a rundown of the...more

Akin Gump Strauss Hauer & Feld LLP

CryptoLink - December 2024 Updates

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CryptoLink is a compilation of news stories published by outside organizations. Akin aggregates the stories, but the information contained in them does not necessarily represent the beliefs or opinions of the firm. Akin's...more

ArentFox Schiff

Investigations Newsletter: Federal Government Urges Court of Appeals to Uphold Constitutionality of FCA Qui Tam Provisions

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Federal Government Urges Court of Appeals to Uphold Constitutionality of FCA Qui Tam Provisions - In a brief filed earlier this week, the US federal government has urged the Eleventh Circuit Court of Appeals to uphold the...more

Husch Blackwell LLP

Federal Fraud Charges Under Scrutiny in Kousisis v. United States

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On December 9, 2024, the Supreme Court heard oral argument in Kousisis v. United States, a case that has the potential to limit the scope of federal criminal fraud charges. Kousisis involves allegations that a defendant...more

Sheppard Mullin Richter & Hampton LLP

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

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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

Pillsbury Winthrop Shaw Pittman LLP

Trump 2.0: A First Look at the Department of Government Efficiency

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Companies would be wise to take into consideration the potential outsized impact of DOGE as they develop public policy plans for the new administration. DOGE is intended to serve as an advisory or consulting organization...more

Morrison & Foerster LLP

True Facts About False Claims: MoFo's FCA Newsletter - October 2024

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Designed for busy in-house counsel and compliance professionals, this newsletter seeks to bring you up to speed on key federal and state False Claims Act (FCA) developments, with links to primary resources. Each quarter, we...more

Bradley Arant Boult Cummings LLP

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

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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

Dorsey & Whitney LLP

The Supreme Court Update - October 4, 2024

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Today, the Supreme Court of the United States granted certiorari in 15 cases: Waetzig v. Halliburton Energy Solutions, No. 23-971: This case concerns the intersection between Federal Rule of Civil Procedure 41, which...more

Foley Hoag LLP - White Collar Law &...

District Court Declares FCA Qui Tam Provision Unconstitutional

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On September 30, 2024, in U.S. ex rel. Zafirov v. Florida Medical Associates LLC, Judge Kathryn Mizelle in the Middle District of Florida dismissed a qui tam action under the False Claims Act (“FCA”) on the basis that the...more

Foley & Lardner LLP

FINRA In-House Disciplinary Proceedings Survive Post-Jarkesy Challenge … For Now

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On September 4, 2024, the United States District Court for the Eastern District of Pennsylvania denied D. Allen Blankenship’s challenge to enjoin the Financial Industry Regulatory Authority’s (FINRA) disciplinary action...more

Kohrman Jackson & Krantz LLP

Supreme Court Rules SEC Use of In-House Tribunals Unconstitutional: A Detailed Examination of the Ruling

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On June 27, 2024, the United States Supreme Court issued a landmark decision in SEC v. Jarkesy, ruling that the Securities and Exchange Commission’s (SEC) use of in-house tribunals for civil penalties in securities fraud...more

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