No. 21-1158
Joseph Percoco v. United States, et al.
Tags: civil-rights criminal-law due-process fiduciary-duty government-decisionmaking honest-services-fraud political-influence public-corruption
Key Terms:
ERISA FirstAmendment
ERISA FirstAmendment
Latest Conference:
2022-06-29
(distributed 2 times)
Question Presented (AI Summary)
Does a private citizen who holds no elected office or government employment, but has informal political or other influence over governmental decisionmaking, owe a fiduciary duty to the general public such that he can be convicted of honest-services fraud?
Question Presented (OCR Extract)
QUESTION PRESENTED Does a private citizen who holds no elected office or government employment, but has informal political or other influence over governmental decisionmaking, owe a fiduciary duty to the general public such that he can be convicted of honest-services fraud?
Docket Entries
2023-06-12
Judgment issued.
2023-05-18
Record returned to the U.S.D.C. Southern District of New York (CD-ROM and Sealed materials).
2023-05-11
Judgment REVERSED and case REMANDED. Alito, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/22pdf/21-1158_p8k0.pdf'>opinion</a> of the Court, in which Roberts, C. J., and Sotomayor, Kagan, Kavanaugh, and Barrett, JJ., joined, and in which Jackson, J., joined as to all but Part II–C–2. Gorsuch, J., filed an opinion concurring in the judgment, in which Thomas, J., joined.
2022-11-28
Argued. For petitioner: Jacob M. Roth, Washington, D. C. For respondent: Nicole F. Reaves, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
2022-11-15
Reply of respondent Steven Aiello in support of petitioner filed. (Distributed)
2022-11-10
Reply of petitioner Joseph Percoco filed. (Distributed)
2022-11-07
Record received from the U.S.D.C. Southern District of New York. The documents are Sealed Impounded. ( One envelope ). Also one CD with Sealed documents has been electronically filed.
2022-11-07
Motion for divided argument filed by respondent Steven Aiello in support of petitioner DENIED.
2022-10-31
Record from the U.S.C.A. 2nd Circuit has been electronically filed.
2022-10-28
Record requested from the U.S.C.A. 2nd Circuit.
2022-10-25
CIRCULATED.
2022-10-20
Motion for divided argument filed by respondent Steven Aiello in support of petitioner.
2022-10-18
Brief of respondent United States filed.
2022-10-18
SET FOR ARGUMENT on Monday, November 28, 2022.
2022-09-07
Brief amicus curiae of The Chamber of Commerce of the United States of America in support of neither party filed.
2022-09-07
Brief amici curiae of Citizens United, et al. filed.
2022-09-07
Brief amicus curiae of The National Association of Criminal Defense Lawyers filed.
2022-09-07
Brief amicus curiae of New York Council of Defense Lawyers filed.
2022-08-31
Brief of respondent Steven Aiello in support of petitioner filed.
2022-08-31
Joint appendix filed. (Statement of costs filed)
2022-08-31
Brief of petitioner Joseph Percoco filed.
2022-07-22
Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 31, 2022. The time to file respondent's brief on the merits is extended to and including October 18, 2022.
2022-07-13
Motion for an extension of time to file the briefs on the merits filed.
2022-06-30
Petition GRANTED.
2022-06-29
DISTRIBUTED for Conference of 6/29/2022.
2022-06-07
DISTRIBUTED for Conference of 6/23/2022.
2022-06-03
Reply of petitioner Joseph Percoco filed. (Distributed)
2022-04-07
Motion to extend the time to file a response is granted and the time is further extended to and including May 24, 2022.
2022-04-05
Motion to extend the time to file a response from April 25, 2022 to May 24, 2022, submitted to The Clerk.
2022-03-21
Motion to extend the time to file a response is granted and the time is extended to and including April 25, 2022.
2022-03-17
Motion to extend the time to file a response from March 24, 2022 to April 25, 2022, submitted to The Clerk.
2022-02-17
Petition for a writ of certiorari filed. (Response due March 24, 2022)
2022-01-07
Application (21A298) granted by Justice Sotomayor extending the time to file until March 1, 2022.
2022-01-04
Application (21A298) to extend the time to file a petition for a writ of certiorari from January 30, 2022 to March 1, 2022, submitted to Justice Sotomayor.
Attorneys
Citizens United, Citizens United Foundation, and the Presidential Coalition
New York Council of Defense Lawyers
Steven Aiello in support of petitioner
Alexandra Anastasia Ekaterina Shapiro — Shapiro Arato Bach LLP, Respondent
Alexandra Anastasia Ekaterina Shapiro — Shapiro Arato Bach LLP, Respondent
The Chamber of Commerce of the United States of America
Roman Martinez V — Latham & Watkins, LLP, Amicus
Roman Martinez V — Latham & Watkins, LLP, Amicus
The National Association of Criminal Defense Lawyers
Joshua Lewis Dratel — Amicus
Joshua Lewis Dratel — Amicus
United States
Elizabeth B. Prelogar — Solicitor General, Respondent
Elizabeth B. Prelogar — Solicitor General, Respondent