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Two recent Supreme Court matters signal major implications for government contractors. First, the Supreme Court will review whether government contractors can appeal a denial of a sovereign immunity defense in lawsuits...more
On May 22, the Supreme Court in Kousisis, et al., v. United States, affirmed the convictions of a painting subcontractor and its owner (defendants) under the federal wire fraud statute for conspiring to defraud the Department...more
As we previously reported, last month, the Supreme Court of the United States in Kousisis v. United States roundly endorsed the expansive “fraudulent inducement” theory of federal wire and mail fraud. Resolving a circuit...more
The U.S. Supreme Court’s May 22 decision in Kousisis v. United States could have wide-ranging implications for criminal and civil fraud cases against government contractors going forward. The Court ruled that a government...more
On May 22, 2025, the Supreme Court of the United States affirmed prosecutors’ ability to pursue mail and wire fraud charges under the “fraudulent inducement” theory. Under that theory, a defendant need not intend to cause...more
On May 22, 2025, the Supreme Court issued a unanimous decision broadening applicability of the federal wire fraud statute. In Kousisis v. United States, the Court held that a defendant may be convicted of wire fraud for...more
On May 22, 2025, the Supreme Court unanimously declined to limit federal wire fraud to cases involving economic loss to the victim, upholding convictions of two government contractors who obtained contracts from a state...more
In a recent decision upholding the expansive reach of the federal wire fraud statute (18 U.S.C. §1343), the U.S. Supreme Court ruled in Kousisis v. United States, No. 23-909 (May 22, 2025) that a defendant can be convicted of...more
Share on Twitter Share by Email Share Back to top On May 22, 2025, the U.S. Supreme Court issued a significant decision in Kousisis v. United States, affirming a six-year prison sentence for a contractor convicted of federal...more
If a defendant uses material misrepresentations to induce a party to enter a contract, but does not economically harm the induced party, has the defendant committed fraud? The Supreme Court has decided: Yes. On May 22, 2025,...more
On May 22, 2025, the Supreme Court published its opinion in Kousisis v. United States, No. 23-909, 605 U.S. __ (2025), holding that one who induces a victim to enter into a transaction under materially false pretenses may be...more
For the last decade and more, the federal courts have grappled with the precise parameters of the federal wire fraud statute (and analogous criminal statutes). Among other things, there has been a Circuit split for some...more
The US Supreme Court’s ruling on May 22, 2025 expands the scope of federal wire fraud to include convictions based on fraudulent inducement even without economic harm. This development raises the stakes for entities involved...more
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
Can deception used to secure a construction project bid constitute mail or wire fraud, even if there was no intent to financially harm the bid solicitor or even lower the project’s cost? That’s one of the questions the United...more
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
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
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
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
Recent Filings Shed Light on DOJ’s View of Supreme Court’s Recent FCA Ruling - On June 1, 2023, the US Supreme Court explained that an assessment of a defendant’s subjective beliefs — rather than what an objectively...more
Court Unseals Charges Alleging Nearly $15 Million in Fraudulent PPP Loans - Earlier this week, federal prosecutors in the Southern District of New York announced the unsealing of a criminal complaint charging six...more
On May 11, 2023, the US Supreme Court issued decisions in two significant cases that will further define the future of mail and wire prosecutions, particularly in the context of public corruption: United States v. Ciminelli...more
The federal wire fraud statute has always been a favorite of federal prosecutors. The statute prohibits individuals and companies from using deceit or false statements to defraud others out of their money or property. Through...more
In September 2016, the United States Attorney for the Southern District of New York charged, among other defendants, former New York Governor Andrew Cuomo’s campaign manager, Joseph Percoco, not-for-profit Fort Schuyler...more
Today, the Supreme Court of the United States issued five decisions: National Pork Producers Council v. Ross, No. 21-468: This case involved a constitutional challenge to California’s “animal cruelty law” known as...more