No. 23-6753
Michael Avenatti v. United States
Relisted (2)IFP
Tags: 18-usc-1343 18-usc-1346 civil-litigation criminal-extortion federal-criminal-law honest-services-fraud legal-ethics settlement-negotiations statutory-vagueness void-for-vagueness
Key Terms:
ERISA DueProcess
ERISA DueProcess
Latest Conference:
2024-05-23
(distributed 2 times)
Question Presented (AI Summary)
Is § 1346 void for vagueness?
Question Presented (OCR Extract)
QUESTIONS PRESENTED Petitioner, an attorney representing a plaintiff with potential contract and tort claims, was convicted of honest services fraud, in violation of 18 U.S.C. §§ 1343 and 1346, and extortion offenses, in violation of 18 U.S.C. §§ 875(d) and 1951, based on demands that he made during settlement negotiations with a defendant. The questions presented are: 1. Is § 1346 void for vagueness? 2. Can civil litigation conduct—in particular, an attorney’s settlement demand—support federal criminal extortion liability? i
Docket Entries
2024-05-28
Petition DENIED. Justice Kavanaugh took no part in the consideration or decision of this petition.
2024-05-20
DISTRIBUTED for Conference of 5/23/2024.
2024-05-01
DISTRIBUTED for Conference of 5/16/2024.
2024-04-30
Reply of petitioner Michael Avenatti filed. (Distributed)
2024-04-15
Brief of respondent United States in opposition filed.
2024-03-07
Motion to extend the time to file a response is granted and the time is extended to and including April 15, 2024.
2024-03-06
Motion to extend the time to file a response from March 15, 2024 to April 15, 2024, submitted to The Clerk.
2024-02-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 15, 2024)
Attorneys
Michael Avenatti
Daniel George Habib — Federal Defenders of New York, Inc., Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent