No. 21-1170
Louis Ciminelli v. United States, et al.
Tags: circuit-split criminal-procedure economic-decision federal-statute fraud-statutes property-fraud right-to-control second-circuit wire-fraud
Key Terms:
AdministrativeLaw ERISA JusticiabilityDoctri
AdministrativeLaw ERISA JusticiabilityDoctri
Latest Conference:
2022-06-29
(distributed 2 times)
Question Presented (AI Summary)
Whether the Second Circuit's 'right to control' theory of fraud states a valid basis for liability under the federal wire fraud statute
Question Presented (OCR Extract)
QUESTION PRESENTED Whether the Second Circuit’s “right to control” theory of fraud—which treats the deprivation of complete and accurate information bearing on a person’s economic decision as a species of property fraud— states a valid basis for liability under the federal wire fraud statute, 18 U.S.C. § 1343.
Docket Entries
2023-06-12
Judgment issued.
2023-05-11
Judgment REVERSED and case REMANDED. Thomas, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/22pdf/21-1170_b97d.pdf'>opinion</a> for a unanimous Court. Alito, J., filed a concurring opinion.
2022-11-28
Argued. For petitioner: Michael R. Dreeben, Washington, D. C. For respondent: Eric J. Feigin, Deputy Solicitor General, Department of Justice, Washington, D. C.
2022-11-14
Reply of respondent Alain Kaloyeros in support of petitioner filed. (Distributed)
2022-11-14
Reply of respondents Steven Aiello and Joseph Gerardi in support of petitioner filed. (Distributed)
2022-11-14
Reply of petitioner Louis Ciminelli filed. (Distributed)
2022-10-28
Record requested from the U.S.C.A. 2nd Circuit.
2022-10-25
CIRCULATED.
2022-10-18
SET FOR ARGUMENT on Monday, November 28, 2022.
2022-10-12
Brief of respondent United States filed.
2022-10-07
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.
2022-09-06
Brief amicus curiae of Chamber of Commerce of the United States of America in support of neither party filed.
2022-09-06
Brief amicus curiae of The National Association of Criminal Defense Lawyers filed.
2022-09-06
Brief amicus curiae of Associated General Contractors of America, Inc filed.
2022-09-06
Brief amicus curiae of New York Council of Defense Lawyers filed.(Sep. 13, 2022)
2022-09-06
Brief amici curiae of Law Professors filed.
2022-08-29
Brief of respondents Steven Aiello and Joseph Gerardi in support of petitioner filed.
2022-08-29
Brief of respondent Alain Kaloyeros in support of petitioner filed.
2022-08-29
Joint appendix filed. (Statement of costs filed)
2022-08-29
Brief of petitioner Louis Ciminelli 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 29, 2022. The time to file respondent's brief on the merits is extended to and including October 12, 2022.
2022-07-12
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.
2022-06-06
Reply of petitioner Louis Ciminelli 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 27, 2022 to May 24, 2022, submitted to The Clerk.
2022-03-24
Motion to extend the time to file a response is granted and the time is extended to and including April 27, 2022.
2022-03-23
Motion to extend the time to file a response from March 28, 2022 to April 27, 2022, submitted to The Clerk.
2022-02-18
Petition for a writ of certiorari filed. (Response due March 28, 2022)
2022-01-07
Application (21A298) granted by Justice Sotomayor extending the time to file until March 1, 2022.
Attorneys
Alain Kaloyeros in support of petitioner
Michael Campion Miller — Steptoe & Johnson LLP, Respondent
Associated General Contractors of America, Inc
Thomas Jerome Curran — Peckar & Abramson, P.C., Amicus
Chamber of Commerce of the United States of America
Adam G. Unikowsky — Jenner & Block LLP, Amicus
Law Professors
Michael Dallas Lieberman — Kirkland & Ellis LLP, Amicus
Louis Ciminelli
Michael R. Dreeben — O’Melveny & Myers LLP, Petitioner
New York Council of Defense Lawyers
Steven Aiello and Joseph Gerardi in support of petitioner
Alexandra Anastasia Ekaterina Shapiro — Shapiro Arato Bach LLP, Respondent
The National Association of Criminal Defense Lawyers
Joshua Lewis Dratel — Dratel & Lewis, Amicus
United States
Elizabeth B. Prelogar — Solicitor General, Respondent