No. 22-945

Jonathan Dean Davis v. United States

Lower Court: Fifth Circuit
Docketed: 2023-03-29
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2) Experienced Counsel
Tags: criminal-procedure criminal-statute misrepresentation money-laundering restitution sentencing statutory-interpretation victim-loss wire-fraud
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2023-09-26 (distributed 2 times)
Question Presented (AI Summary)

Is proof of misrepresentations sufficient to establish wire fraud or money laundering?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Is proof of misrepresentations by a defendant in 2014 alone sufficient to establish that wire transfers occurring years later in 2016 and 2017 were “for the purpose of executing” a scheme to defraud in violation of 18 U.S.C. § 1343 or does “wire fraud” require evidence to connect the wires to the fraud? 2. Is proof of misrepresentations by a defendant in 2014 alone sufficient to prove that a defendant “knew” transactions occurring years later in 2016 and 2017 involved proceeds of a crime for purposes of money laundering under 18 U.S.C. § 1957? 3. Is the calculation of the amount of funds received or obtained by a defendant in payment for services rendered alone sufficient to establish a victim’s “loss” for purposes of restitution or sentencing?

Docket Entries

2023-10-02
Petition DENIED.
2023-06-27
2023-06-21
DISTRIBUTED for Conference of 9/26/2023.
2023-06-07
Brief of respondent United States in opposition filed.
2023-05-03
Motion to extend the time to file a response is granted and the time is extended to and including June 7, 2023.
2023-05-02
Motion to extend the time to file a response from May 8, 2023 to June 7, 2023, submitted to The Clerk.
2023-04-07
Response Requested. (Due May 8, 2023)
2023-04-05
DISTRIBUTED for Conference of 4/21/2023.
2023-03-31
Waiver of right of respondent United States to respond filed.
2023-03-27

Attorneys

Jonathan Dean Davis
Tillman J. BreckenridgeStris & Maher LLP, Petitioner
Tillman J. BreckenridgeStris & Maher LLP, Petitioner
Jack George Breffney Ternan Jr.Ternan Law Firm, PLLC, Petitioner
Jack George Breffney Ternan Jr.Ternan Law Firm, PLLC, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent