Whether a defendant may be convicted of a federal fraud conspiracy without a jury finding of specific intent to defraud

No question identified. : Pursuant to Rules 13.5, 22, and 30.2 of this Court, counsel for Applicant Faraday Hosseinipour respectfully requests a 28-day extension of time, up to and including December 24, 2025, within which to file a petition for a writ of certiorari to review the judgment of the United States Court of Appeals for the Sixth Circuit in United States v. Hosseinipour, 144 F.4th 817 (6th Cir. 2024) (attached as Exhibit A), which was entered on June 26, 2025. The Court of Appeals denied rehearing on August 27, 2025. Absent an extension, the time within which to file a petition for a writ of certiorari will expire on November 26, 2025. This application is being filed more than 10 days before the petition is due. See S. Ct. R. 13.5. The jurisdiction of this Court is based on 28 U.S.C. § 1254(1). In support of her application, Applicant states as follows: 1. The day after the Court of Appeals denied rehearing en banc, Applicant’s lead counsel was suddenly hospitalized with a serious health condition and remained hospitalized for thirty-seven days. 2. Applicant’s counsel continues to receive rehabilitation care. 3. Due to the sudden and serious illness of Applicant’s lead counsel and the time he spent hospitalized and undergoing rehabilitation care, good cause exists for a 28-day extension time. 4. The requested extension does not prejudice any of the parties involved. 5. As Judge Nalbandian acknowledged, Applicant’s case concerns the legality of jury instructions that serve as a “shortcut of sorts in [the Government’s] burden of proof.” United States v. Maike, 142 F.4th 367, 379 (6th Cir. 2025) (J. Nalbandian concurring). 6. The Sixth Circuit’s opinion permits non-officer participants of multilevel marketing companies to be convicted of mail fraud conspiracy and securities fraud conspiracy without finding that these individuals acted with an intent to defraud. 7. Almost 8% of U.S. adults participate in a multi-level marketing company at some point in their life. 8. An extension of time is warranted because Applicant’s case raises an exceptionally important question about whether a defendant may be convicted of a federal fraud conspiracy without the jury finding that the defendant acted with an intent to defraud. More specifically, the case involves whether a jury may find participants in multi-level marketing companies guilty of conspiracy to commit mail fraud and conspiracy to convict securities fraud without finding that the participants acted with an intent to defraud. The published Sixth Circuit opinion in this case supports the Government bringing broader federal fraud conspiracy charges against multi-level marketing participants without showing the necessary mens rea for each participant. 9. Applicant seeks the 28-day extension to allow her counsel to prepare a petition that fully addresses the important issues raised by the decision below and frames those issues in a manner that will be most helpful to the Court. Conclusion For these reasons, Applicant respectfully requests that an order be entered extending the time to file her petition for writ of certiorari to and including December 24, 2025. /siJeremy S. Rogers Jeremy S. Rogers DINSMORE & SHOHL LLP 101 S. Fifth Street, Suite 2500 Louisville, Kentucky 40202 Phone: (502) 540-2384 Counsel for Applicant / Petitioner Faraday Hosseinipour CERTIFICATE OF SERVICE I, Jeremy S. Rogers, do hereby certify that, on this November 14, 2025, I caused a copy and an electronic copy of the Application for an Extension of Time in the foregoing case to be served by U.S. mail, postage prepaid , and by email on the following party: D. John Sauer Solicitor General U.S. Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530 Counsel for Respondent /siJeremy S. Rogers Jeremy S. Rogers