No. 20-1671

Chi Ping Patrick Ho v. United States

Lower Court: Second Circuit
Docketed: 2021-06-02
Status: Denied
Type: Paid
Response Waived
Tags: criminal-procedure federal-courts foreign-corrupt-practices-act indictment money-laundering prosecution-exemption reference-canon statutory-interpretation
Key Terms:
FifthAmendment CriminalProcedure JusticiabilityDoctri
Latest Conference: 2021-06-24
Question Presented (AI Summary)

Whether a federal court may decline to apply the reference canon to the money laundering statute, 18 U.S.C. § 1956, which makes specific reference to the Foreign Corrupt Practices Act?

Question Presented (OCR Extract)

QUESTIONS PRESENTED Petitioner respectfully presents two issues for review, each of which warrants the involvement of this Court: 1. Whether a federal court may decline to apply the reference canon, recently reaffirmed by this Court in Jam v. Int Fin. Corp., --U.S. ---, 139 8. Ct. 759, 769 (2019), to the money laundering statute, 18 U.S.C. § 1956, which makes specific reference to the Foreign Corrupt Practices Act? 2. Whether an indictment may allege that a defendant violated a federal statute while also alleging that the defendant belongs to the class of persons who are exempt from prosecution under that statute?

Docket Entries

2021-06-28
Petition DENIED.
2021-06-08
DISTRIBUTED for Conference of 6/24/2021.
2021-06-04
Waiver of right of respondent United States of America to respond filed.
2021-05-26
Petition for a writ of certiorari filed. (Response due July 2, 2021)

Attorneys

Chi Ping Patrick Ho
Benjamin E. RosenbergDechert LLP, Petitioner
United States of America
Elizabeth B. PrelogarActing Solicitor General, Respondent