No. 21-169

James Gatto, et al. v. United States

Lower Court: Second Circuit
Docketed: 2021-08-05
Status: Denied
Type: Paid
Amici (1)
Tags: 18-usc-1843 criminal-law federal-statute incidental-harms jury-instructions property-rights statutory-interpretation statutory-text united-states-v-kelly wire-fraud
Key Terms:
AdministrativeLaw Privacy
Latest Conference: 2021-12-10
Question Presented (AI Summary)

Whether 18 U.S.C. § 1843 requires the Government to prove the object of the alleged wire fraud scheme was to obtain money or property

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether 18 U.S.C. § 1843—the federal wire fraud statute—requires the Government to prove, consistent with Section 1343’s statutory text, that the “object” of the alleged wire fraud scheme was to “obtain” money or property from the victim? 2. Whether this Court’s conclusion in United States v. Kelly, 140 S. Ct. 1565, that “incidental” harms, even where foreseeable, do not violate 18 U.S.C. § 1343 was merely dicta, such that a jury need not be informed before deliberations that such harms fall outside the bounds of the statute? 3. Whether a “right to control” athletic scholarship decisions constitutes “property” protected by 18 U.S.C. § 1343?

Docket Entries

2021-12-13
Petition DENIED.
2021-11-23
DISTRIBUTED for Conference of 12/10/2021.
2021-11-22
Reply of petitioner James Gatto filed. (Distributed)
2021-11-08
Brief of respondent United States in opposition filed.
2021-09-22
Motion to extend the time to file a response is granted and the time is further extended to and including November 8, 2021.
2021-09-21
Motion to extend the time to file a response from October 7, 2021 to November 8, 2021, submitted to The Clerk.
2021-09-07
Brief of respondents Merl Code and Christian Dawkins in support filed.
2021-09-07
Brief amicus curiae of New York Council of Defense Lawyers filed.
2021-09-02
Motion to extend the time to file a response is granted and the time is extended to and including October 7, 2021.
2021-09-01
Motion to extend the time to file a response from September 7, 2021 to October 7, 2021, submitted to The Clerk.
2021-08-02
Petition for a writ of certiorari filed. (Response due September 7, 2021)

Attorneys

James Gatto
Michael S. SchachterWillkie Farr & Gallagher LLP, Petitioner
Michael S. SchachterWillkie Farr & Gallagher LLP, Petitioner
Merl Code and Christian Dawkins
Andrew A. MathiasNexsen Pruet LLC, Respondent
Andrew A. MathiasNexsen Pruet LLC, Respondent
New York Council of Defense Lawyers
Harry SandickPatterson Belknap Webb & Tyler LLP, Amicus
Harry SandickPatterson Belknap Webb & Tyler LLP, Amicus
United States of America, et al.
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent