No. 18-6299

Jonathan Wade Dunning v. United States

Lower Court: Eleventh Circuit
Docketed: 2018-10-11
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appraisal appraisal-disclosure criminal-intent duty-to-disclose joint-ownership market-value property-purchase property-sale purchase-price scheme-or-artifice-to-defraud statutory-interpretation wire-fraud
Key Terms:
JusticiabilityDoctri
Latest Conference: 2018-11-09
Question Presented (AI Summary)

Has a defendant engaged in a 'scheme or artifice to defraud' when the defendant purchases property based on a methodologically sound appraisal without sharing a higher appraisal with the seller?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. For purposes of the wire fraud statute, 18 U.S.C. § 1343, has a defendant engaged in a “scheme or artifice to defraud” when the defendant, without any duty to disclose anything, purchases property from another (a) based on a methodologically sound appraisal for the property but (b) without sharing with the seller the existence of an appraisal for the property that suggests a higher market value than the agreed-upon purchase price? 2. For purposes of the wire fraud statute, 18 U.S.C. § 1343, has a defendant engaged in a “scheme or artifice to defraud” when (a) the defendant retains all the proceeds from the sale of property, owned jointly with another; (b) there is no agreement, written or otherwise, detailing how proceeds should be split between co-owners; and (c) there is no evidence of the defendant’s fraudulent intent at the time of purchase or sale of the property? i

Docket Entries

2018-11-13
Petition DENIED.
2018-10-25
DISTRIBUTED for Conference of 11/9/2018.
2018-10-22
Waiver of right of respondent United States to respond filed.
2018-10-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 13, 2018)

Attorneys

Jonathan Wade Dunning
Jeffrey Paul DossLightfoot, Franklin & White, LLC, Petitioner
Jeffrey Paul DossLightfoot, Franklin & White, LLC, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent