No. 20-176

Pablo Calderon v. United States

Lower Court: Second Circuit
Docketed: 2020-08-17
Status: Denied
Type: Paid
Response WaivedRelisted (3)
Tags: civil-action civil-fraud criminal-fraud decision-act letter-of-credit property-right property-rights statutory-law uniform-commercial-code
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2020-12-11 (distributed 3 times)
Related Cases: 20-163 (Vide)
Question Presented (AI Summary)

Can a party in a criminal fraud action have a property right that applicable statutory law denies in a civil action?

Question Presented (OCR Extract)

QUESTION PRESENTED The rights and obligations of parties in a letter of credit are subject to the statutory provisions of the Uniform Commercial Code Article 5. In particular, the conditions that allow a party to dishonor a letter of credit presentation is black letter law. By ignoring statutory law in this criminal case, the Second Circuit created a property right that is non-existent in civil fraud litigation. The question presented is: Can a party in a criminal fraud action have a property right that applicable statutory law denies in a civil action? i

Docket Entries

2020-12-14
Petition DENIED.
2020-12-07
DISTRIBUTED for Conference of 12/11/2020.
2020-12-03
Rescheduled.
2020-11-17
DISTRIBUTED for Conference of 12/4/2020.
2020-08-27
Rescheduled.
2020-08-26
DISTRIBUTED for Conference of 9/29/2020.
2020-08-20
Waiver of right of respondent United States to respond filed.
2020-08-06
Petition for a writ of certiorari filed. (Response due September 16, 2020)

Attorneys

Pablo Calderon
Pablo Calderon — Petitioner
Pablo Calderon — Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent
Jeffrey B. WallActing Solicitor General, Respondent