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Wire Fraud Appeals

Dorsey & Whitney LLP

The Supreme Court Update - May 23, 2025

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On Thursday, May 22, the Supreme Court of the United States issued two decisions: Kousisis v. United States, No. 23-909: This case addresses the elements of the federal wire fraud statute, 18 U.S.C. § 1343....more

ArentFox Schiff

Investigations Newsletter: Seventh Circuit Reverses AKS Conviction Involving Allegations of Illegal Marketing and Advertising

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Seventh Circuit Reverses AKS Conviction Involving Allegations of Illegal Marketing and Advertising - On April 14, the US Court of Appeals for the Seventh Circuit reversed the criminal conviction of Mark Sorensen after a...more

Jackson Walker

Fifth Circuit Criminal Opinions: Insights and Analyses

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This is the first of a continuing series of summaries written by Jackson Walker partner, Joe Magliolo, and his colleagues, of new, published Fifth Circuit criminal opinions, with occasional forays into other subjects of...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

Carlton Fields

Florida Appeals Court Decisions Week of February 24 - 28, 2025

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U.S. Eleventh Circuit Court of Appeals - USA v. Charles - sentencing - Miller v. Ramirez - qualified immunity, deferring ruling - Chapman v. Dunn - prison conditions, Eighth Amendment - USA v. Horn - securities...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

Patterson Belknap Webb & Tyler LLP

Second Circuit Reiterates, in a Published Decision, That Defendant is Bound by Decision to Decline Oral Pronouncement of...

In United States v. Lewis, the Second Circuit (per curiam) affirmed the judgment of conviction of Chanette Lewis, who had pleaded guilty to two counts of conspiracy to commit wire fraud in violation of 18 U.S.C. § 371.  The...more

Cozen O'Connor

Notice of Appeal - A quarterly newsletter reviewing Third Circuit opinions impacting white collar defense lawyers - Fall 2023

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BACKGROUND- A sugar distributor sought to acquire a sugar producer. The district court determined that the relevant product market included distributors as sources of refined sugar, in addition to sugar producers. The...more

ArentFox Schiff

“Convergence” Element of Wire Fraud On Thin Ice?

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On August 7, 2023, the US Court of Appeals for the Third Circuit became the most recent federal appellate court to reject the argument that a wire fraud conviction requires the government to establish that the entity that was...more

Patton Sullivan Brodehl LLP

No RICO Standing for Cannabis LLCs

In business litigation, a plaintiff will sometimes assert a claim under the Racketeer Influenced and Corrupt Organizations Act (RICO), a federal statute at 18 U.S.C. §1961 et seq. RICO provides that it is “unlawful for any...more

Foley & Lardner LLP

Sentencing Guidelines: Third Circuit Rejects Use of “Intended” Loss in Favor of “Actual” Loss

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Sentencing in federal fraud cases is driven by loss amounts. To seek a higher sentencing guidelines range, the government often relies on a defendant’s “intended” loss,” rather than the “actual” loss. That approach no longer...more

ArentFox Schiff

Investigations Newsletter: Former Theranos Executive Ramesh “Sunny” Balwani Sentenced to Nearly 13 Years

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Former Theranos Executive Ramesh “Sunny” Balwani Sentenced to Nearly 13 Years - On December 7, 2022, Ramesh “Sunny” Balwani, a former Theranos executive, was sentenced to nearly 13 years in prison, and three years of...more

Tucker Arensberg, P.C.

Third Circuit Permits Companies to Proceed on RICO Claims Against Labor Unions

On July 28, 2022, the United States Court of Appeals for the Third Circuit, in Care One Management LLC, et al. v. United Healthcare Workers East, et al., No. 19-3693, determined that healthcare companies could proceed on RICO...more

ArentFox Schiff

Investigations Newsletter: Ramesh “Sunny” Balwani, Former Theranos President and COO, Found Guilty on All Twelve Fraud Counts in...

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Ramesh “Sunny” Balwani, Former Theranos President and COO, Found Guilty on All Twelve Fraud Counts in High-Profile Trial - On July 7, 2022, a federal jury in the Northern District of California found Ramesh “Sunny”...more

The Volkov Law Group

DOJ Loses Another Libor-Rigging Case on Appeal

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The Justice Department trumpeted its criminal prosecutions against defendants charged with Libor-rigging.  It had a right to toot its own horn.  But many of these convictions have not withstood the scrutiny of appellate...more

Eversheds Sutherland (US) LLP

Stymied fraud prosecutions could force DOJ prosecutors to reevaluate their strategy

On January 27, 2022, the United States Court of Appeals for the Second Circuit issued a decision in United States v. Connolly, overturning the 2018 fraud convictions of two former traders at a large financial institution. A...more

Cozen O'Connor

Notice of Appeal - Fall 2020

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Precedential Opinions of Note - Evidence from Outside Limitations Period Permissible to Prove Ongoing Scheme to Defraud - United States v. James (April 3, 2020), No. 19-1250...more

Epstein Becker & Green

Supreme Court’s “Bridgegate” Decision May Limit Civil RICO Lawsuits

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The Racketeer Influenced and Corrupt Organizations Act, better known as “RICO,” was enacted to fight organized crime but has evolved into the bane of legitimate businesses. Along with criminal penalties that can only be...more

Porter Hedges LLP

Alert: "Political Retribution In Bridgegate Cannot Sustain Federal Fraud Convictions In Kelly v. United States"

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On May 7, 2020, the United States Supreme Court issued a decision in Kelly v. United States, reversing the convictions of Bridget Anne Kelly and William Baroni, two appointees of former New Jersey Governor Chris Christie,...more

Holland & Knight LLP

U.S. Supreme Court Shuts the Door on Bridgegate Prosecutions

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In a stinging rebuke to government prosecutors, the U.S. Supreme Court unanimously reversed the federal fraud convictions of two New Jersey officials — Bridget Anne Kelly and William Baroni — who in brazen acts of political...more

Cohen & Gresser LLP

Supreme Court’s Reversal of “Bridgegate” Convictions Exposes Limits of Frequently-Charged Federal Crimes

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Whenever the United States Supreme Court unanimously reverses a criminal conviction – particularly in a high profile case and particularly when the Court conclusively rejects the reasoning of a highly regarded appeals court –...more

Rivkin Radler LLP

Supreme Court Reverses 'Bridgegate' Convictions

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Last week, the Supreme Court of the United States issued a decision in Kelly v. United States[1] that limits federal prosecutors’ ability to seek criminal charges for public corruption. The Kelly case concerns the 2013...more

Akin Gump Strauss Hauer & Feld LLP

Supreme Court Overturns ‘Bridgegate’ Convictions: Decision Will Have Ramifications for Traditional Business-Crime Prosecutions

- The Supreme Court has unanimously reversed the convictions of the state officials in the “Bridgegate” scandal. - This decision will have broader implications beyond the context of political corruption and will also...more

The Volkov Law Group

In a Unanimous Decision, the Supreme Court Reverses New Jersey Bridgegate Convictions

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The Supreme Court continued its clear commitment to trimming aggressive criminal prosecutions in high-profile cases by issuing a unanimous decision reversing the criminal convictions of two Bridgegate convictions in the New...more

Eversheds Sutherland (US) LLP

Corrupt but not criminal: US Supreme Court tosses Bridgegate convictions

Corrupt? Yes. An abuse of power? Yes. But criminal? Not quite. On May 7, 2020, the US Supreme Court unanimously overturned the convictions of two former New Jersey public officials responsible for “Bridgegate,” a scheme that...more

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