No. 22-1055

Lee Elbaz, aka Lena Green v. United States

Lower Court: Fourth Circuit
Docketed: 2023-05-01
Status: Denied
Type: Paid
Experienced Counsel
Tags: circuit-split criminal-prosecution domestic-application domestic-transmission extraterritoriality foreign-conduct interstate-commerce wire-fraud
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2023-10-06
Question Presented (AI Summary)

Whether the wire-fraud statute applies extraterritorially or is limited to domestic applications

Question Presented (from Petition)

QUESTIONS PRESENTED The wire-fraud statute, 18 U.S.C. § 1348, prohibits fraudulent schemes that use wire, radio, or television communications in interstate or foreign commerce. This case concerns whether the wire-fraud statute can be applied to foreign conduct by foreign actors as part of a foreign scheme. The questions presented are: 1. Does § 1343 apply extraterritorially, as at least the Third Circuit has held, or is it limited to domestic applications, as the Second, Fourth, and Eleventh Circuits have held? 2. If the wire-fraud statute is limited to domestic applications, can it be applied to foreign conduct by foreign actors as part of a foreign scheme so long as the scheme involves an incidental domestic wire transmission, as the Fourth and Ninth Circuits have concluded, or must the scheme involve substantial domestic conduct, such as the use of domestic wires as an essential component of the fraudulent scheme, as the First and Second Circuits have held?

Docket Entries

2023-10-10
Petition DENIED.
2023-09-13
DISTRIBUTED for Conference of 10/6/2023.
2023-09-13
2023-08-30
Brief of respondent United States in opposition filed.
2023-07-18
Motion to extend the time to file a response is granted and the time is further extended to and including August 30, 2023.
2023-07-17
Motion to extend the time to file a response from July 31, 2023 to August 30, 2023, submitted to The Clerk.
2023-06-13
Motion to extend the time to file a response is granted and the time is further extended to and including July 31, 2023.
2023-06-12
Motion to extend the time to file a response from June 30, 2023 to July 31, 2023, submitted to The Clerk.
2023-05-23
Motion to extend the time to file a response is granted and the time is extended to and including June 30, 2023.
2023-05-22
Motion to extend the time to file a response from May 31, 2023 to June 30, 2023, submitted to The Clerk.
2023-04-27
2023-04-06
Application (22A728) granted by The Chief Justice extending the time to file until April 27, 2023.
2023-04-03
Application (22A728) to extend further the time from April 13, 2023 to April 27, 2023, submitted to The Chief Justice.
2023-02-09
Application (22A728) granted by The Chief Justice extending the time to file until April 13, 2023.
2023-02-07
Application (22A728) to extend the time to file a petition for a writ of certiorari from February 27, 2023 to April 13, 2023, submitted to The Chief Justice.

Attorneys

Lee Elbaz, a/k/a Lena Green
Jaime Ann SantosGoodwin Procter LLP, Petitioner
Jaime Ann SantosGoodwin Procter LLP, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent