No. 25-8

Matthew Clark v. United States

Lower Court: Fifth Circuit
Docketed: 2025-07-02
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2)
Tags: constitutional-challenge criminal-law due-process honest-services statutory-interpretation statutory-vagueness
Key Terms:
AdministrativeLaw ERISA DueProcess Securities TradeSecret
Latest Conference: 2025-11-07 (distributed 2 times)
Question Presented (AI Summary)

Whether the undefined statutory language 'intangible right of honest services' in 18 U.S.C. § 1346 is unconstitutionally vague

Question Presented (OCR Extract)

I. Whether the undefined statutory language, “intangible right of honest services,” in 18 U.S.C. § 1346 is unconstitutionally vague. II. Whether the undefined statutory terms, “fictitious sale” and “not a true and bona fide price,” in 7 U.S.C. § 6c(a) are unconstitutionally vague. III. Whether the government’s criminal prosecution of petitioner for insider-trading under 7 U.S.C. § 9(1) and 17 C.F.R. § 180.1 – the first such prosecution in the United States – violates due process because ordinary people were not on fair notice at the time of the charged offense that § 9(1) and § 180.1 made insider-trading in the commodity futures context a criminal offense. I V. Whether the criminal prosecution of petitioner under § 9(1) and § 180.1 violates the doctrine because (1) Congress may not constitutionally delegate to an executive agency the power to define what primary conduct is subject to criminal liability and (2) § 9(1) does not provide an intelligible principle for delegation of legislative authority to define criminal conduct to the Commodity Futures Trading Commission.

Docket Entries

2025-11-10
Petition DENIED.
2025-10-22
DISTRIBUTED for Conference of 11/7/2025.
2025-10-10
Reply of Matthew Clark submitted.
2025-10-10
2025-10-06
Brief of United States in opposition submitted.
2025-10-06
Brief of respondent United States in opposition filed.
2025-08-29
Motion to extend the time to file a response is granted and the time is extended to and including October 6, 2025.
2025-08-28
Motion of United States for an extension of time submitted.
2025-08-28
Motion to extend the time to file a response from September 4, 2025 to October 6, 2025, submitted to The Clerk.
2025-08-05
Response Requested. (Due September 4, 2025)
2025-07-23
DISTRIBUTED for Conference of 9/29/2025.
2025-07-10
Waiver of United States of right to respond submitted.
2025-07-10
Waiver of right of respondent United States to respond filed.
2025-06-30
Petition for a writ of certiorari filed. (Response due August 1, 2025)

Attorneys

Matthew Clark
Brent Evan Newton — Petitioner
Brent Evan Newton — Petitioner
United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent
Moez Mansoor KabaHueston Hennigan LLP, Respondent