No. 19-8615

Vera Zhiry and Pyotr Bondaruk v. United States

Lower Court: Ninth Circuit
Docketed: 2020-06-05
Status: Denied
Type: IFP
Response WaivedIFP
Tags: cross-examination federal-statute jurisdictional-hook mail-fraud materiality misrepresentation ninth-circuit remote-connection substantial-connection
Key Terms:
JusticiabilityDoctri
Latest Conference: 2020-09-29
Question Presented (AI Summary)

What level of connection between the fraudulent scheme and the mailing is required to trigger the federal statute's jurisdictional hook?

Question Presented (from Petition)

QUESTIONS PRESENTED 1. For the crime of mail fraud, what level of connection between the fraudulent scheme and the mailing is required to trigger the federal statute’s jurisdictional hook—a substantial connection or one that is merely remote? 2a. In evaluating materiality in federal fraud cases, Supreme Court precedent directs the factfinder to evaluate the misrepresentation’s effect on the likely or actual behavior of its recipient. Does the Ninth Circuit’s decision in United States v. Lindsey, 850 F.3d 1009 (9th Cir. 2017) conflict with this definition of materiality by barring consideration of the recipient’s actual behavior to disprove materiality? 2b. When witnesses testify in the government’s case-in-chief that misrepresentations were “significant” to their recipients, does the district court violate the United States Constitution by barring crossexamination and substantive evidence that show that the misrepresentations were actually of no consequence to the recipients? -l

Docket Entries

2020-10-05
Petition DENIED.
2020-06-18
DISTRIBUTED for Conference of 9/29/2020.
2020-06-10
Waiver of right of respondent United States to respond filed.
2020-05-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 6, 2020)

Attorneys

United States
Jeffrey B. WallActing Solicitor General, Respondent
Jeffrey B. WallActing Solicitor General, Respondent
Vera Zhiry, et al.
Alexis Ivar Nicholas HallerLaw Office of Alexis Haller, Petitioner
Alexis Ivar Nicholas HallerLaw Office of Alexis Haller, Petitioner