No. 20-6340

Robert Farrace v. United States

Lower Court: Ninth Circuit
Docketed: 2020-11-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-1343 great-recession kelly-v-united-states market-value mortgage-lenders mortgage-lending property-loss property-value short-sale wire-fraud
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2021-01-08
Question Presented (AI Summary)

Can a wire fraud conviction be sustained where the monetary losses to lenders were due to a decrease in market value of properties, and the government did not establish any deprivation of the lenders' money or property as the object of the scheme?

Question Presented (OCR Extract)

QUESTION PRESENTED Under this Court’s recent decision in Kelly v. United States, 140 S.Ct. 1565, 1568 (2020), can a conviction for wire fraud in violation of 18 U.S.C. § 1343 be sustained where it is undisputed that, during the Great Recession, the monetary losses to the lenders on the value of the underlying mortgages at issue were a result of a decrease in the market value of the two real properties Petitioner sought to sell via short sale procedures, and where the government did not establish any deprivation of the mortgage lenders’ “money or property” as the “object of’ any scheme by Petitioner? i

Docket Entries

2021-01-11
Petition DENIED.
2020-12-10
DISTRIBUTED for Conference of 1/8/2021.
2020-12-01
Waiver of right of respondent United States of America to respond filed.
2020-11-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 16, 2020)

Attorneys

Robert Farrace
Johanna S. SchiavoniLaw Office of Johanna S. Schiavoni, Petitioner
Johanna S. SchiavoniLaw Office of Johanna S. Schiavoni, Petitioner
United States of America
Jeffrey B. WallActing Solicitor General, Respondent
Jeffrey B. WallActing Solicitor General, Respondent