Wire Fraud, Statutory Interpretation

Fraud by Omission? How Thompson v. United States Could Narrow the Reach of the Federal Wire, Mail, and Bank Fraud Statutes

Benesch on 4/4/2025

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

Supreme Court Excludes “Misleading” Statements from False Statement Liability in Thompson v. U.S.

Cadwalader, Wickersham & Taft LLP on 3/28/2025

In a unanimous decision issued on March 21, 2025, the Supreme Court in Thompson v. U.S. heightened the burden of proof for “false” statements under 18 U.S.C. § 1014, excluding “misleading” but true statements from liability...more

Second Circuit Rejects Double Jeopardy and Sufficiency of the Evidence Arguments After Remand in Ciminelli Case

Patterson Belknap Webb & Tyler LLP on 3/21/2025

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

Second Circuit Doubles Down on Expansive Application of Federal Fraud Statutes

Patterson Belknap Webb & Tyler LLP on 10/27/2021

In United States v. Percoco, the Second Circuit (Raggi, Chin, Sullivan) the Second Circuit affirmed the convictions of several defendants involved in the so-called “Buffalo Billion” scandal. The charged crimes included three...more

Second Circuit Upholds Conviction Under the CFAA, Rejecting Argument That the Law Is Unconstitutional

Robinson+Cole Data Privacy + Security Insider on 7/10/2018

In a recent decision, the federal Court of Appeals for the Second Circuit (which covers New York, Connecticut, and Vermont) affirmed the conviction of an Italian citizen for misdemeanor computer intrusion in violation of the...more

Wire Fraud › Statutory Interpretation

Fraud by Omission? How Thompson v. United States Could Narrow the Reach of the Federal Wire, Mail, and Bank Fraud Statutes

Supreme Court Excludes “Misleading” Statements from False Statement Liability in Thompson v. U.S.

Second Circuit Rejects Double Jeopardy and Sufficiency of the Evidence Arguments After Remand in Ciminelli Case

Second Circuit Doubles Down on Expansive Application of Federal Fraud Statutes

Second Circuit Upholds Conviction Under the CFAA, Rejecting Argument That the Law Is Unconstitutional

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