No. 23-909

Stamatios Kousisis and Alpha Painting and Construction Co., Inc. v. United States

Lower Court: Third Circuit
Docketed: 2024-02-22
Status: Judgment Issued
Type: Paid
Amici (4)Relisted (3) Experienced Counsel
Tags: civil-rights commercial-exchange contract contract-law due-process mail-fraud property property-rights sovereign-interest wire-fraud
Key Terms:
JusticiabilityDoctri
Latest Conference: 2024-06-13 (distributed 3 times)
Question Presented (AI Summary)

Whether deception to induce a commercial exchange can constitute mail or wire fraud, even if inflicting economic harm on the alleged victim was not the object of the scheme

Question Presented (OCR Extract)

QUESTIONS PRESENTED The circuits are split 6-5 on the validity of the fraudulent inducement theory of mail and wire fraud. The Questions Presented are: Whether deception to induce a commercial exchange can constitute mail or wire fraud, even if inflicting economic harm on the alleged victim was not the object of the scheme. Whether a sovereign’s statutory, regulatory, or policy interest is a property interest when compliance is a material term of payment for goods or services. Whether all contract rights are “property.”

Docket Entries

2025-08-05
Record returned to the United States Court of Appeals for the Third Circuit.
2025-06-23
Judgment Issued.
2025-05-22
Adjudged to be AFFIRMED. Barrett, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/24pdf/23-909_f2q3.pdf'>opinion</a> of the Court, in which Roberts, C. J., and Thomas, Alito, Kagan, Kavanaugh, and Jackson, JJ., joined. Thomas, J., filed a concurring opinion. Gorsuch, J., filed an opinion concurring in part and concurring in the judgment. Sotomayor, J., filed an opinion concurring in the judgment.
2024-12-09
Argued. For petitioners: Jeffrey L. Fisher, Stanford, Cal. For respondent: Eric J. Feigin, Deputy Solicitor General, Department of Justice, Washington, D. C.
2024-11-01
2024-11-01
Reply of Kousisis, et al. submitted.
2024-10-31
Record received electronically from the United States Court of Appeals for the Third Circuit and available with the Clerk. Sealed material from the United States Court of Appeals for the Third Circuit available with the Clerk (one envelope).
2024-10-22
CIRCULATED
2024-10-22
Record requested from the United States Court of Appeals for the Third Circuit.
2024-10-18
SET FOR ARGUMENT on Monday, December 9, 2024.
2024-10-02
Brief of respondent United States filed.
2024-08-26
2024-08-26
Brief amici curiae of The National Association of Criminal Defense Lawyers; The Cato Institute filed.
2024-08-26
2024-08-26
Amicus brief of Moshe Porat submitted.
2024-08-26
Amicus brief of Due Process Institute submitted.
2024-08-19
Joint Appendix submitted.
2024-08-19
Joint appendix filed. (Statement of costs filed)
2024-08-19
2024-08-19
Brief of Kousisis, et al. submitted.
2024-07-09
Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 19, 2024. The time to file respondent's brief on the merits is extended to and including October 2, 2024.
2024-07-08
Motion for an extension of time to file the briefs on the merits filed.
2024-07-08
Motion of Kousisis, et al. for an extension of time submitted.
2024-06-17
Petition GRANTED.
2024-06-10
DISTRIBUTED for Conference of 6/13/2024.
2024-06-03
DISTRIBUTED for Conference of 6/6/2024.
2024-05-29
Rescheduled.
2024-05-14
DISTRIBUTED for Conference of 5/30/2024.
2024-05-10
2024-04-24
Brief of respondent United States in opposition filed.
2024-03-25
2024-03-07
Motion to extend the time to file a response is granted and the time is extended to and including April 24, 2024.
2024-03-06
Motion to extend the time to file a response from March 25, 2024 to April 24, 2024, submitted to The Clerk.
2024-02-20
Petition for a writ of certiorari filed. (Response due March 25, 2024)
2024-01-18
Application (23A538) granted by Justice Alito extending the time to file until February 19, 2024.
2024-01-04
Application (23A538) to extend further the time from January 19, 2024 to February 19, 2024, submitted to Justice Alito.
2023-12-12
Application (23A538) granted by Justice Alito extending the time to file until January 19, 2024.
2023-12-08
Application (23A538) to extend the time to file a petition for a writ of certiorari from December 21, 2023 to January 19, 2024, submitted to Justice Alito.

Attorneys

Due Process Institute
John D. ClineLaw Office of John D. Cline, Amicus
Kousisis, et al.
Lisa Ann MathewsonMathewson Law LLC, Petitioner
Jeffrey L. FisherO'Melveny & Myers LLP, Petitioner
Moshe Porat
Alexandra Anastasia Ekaterina ShapiroShapiro Arato Bach LLP, Amicus
The Cato Institute, Due Process Institute and The National Association of Criminal Defense Lawyers
Lawrence S. LustbergGibbons P.C., Amicus
The National Association of Criminal Defense Lawyers; The Cato Institute
Steven Francis MoloMoloLamken LLP, Amicus
United States
D. John SauerSolicitor General, Respondent
Elizabeth B. Prelogar — Respondent
Sarah M. HarrisActing Solicitor General, Respondent