On Monday November 28, 2022, the U.S. Supreme Court heard oral arguments on Ciminelli v. United States. The Court will decide whether the “right-to-control” theory of fraud used by the Second Circuit is a valid basis for property fraud liability under the federal wire fraud statute. Courts and prosecutors have used the right-to-control theory to punish schemes which intend to deprive a victim of valuable information regarding an economic decision. Among other things, the ruling has implications for the expanding scope of federal fraud statutes as applied to undisclosed self-dealing and conflicts of interest. In oral arguments, the Court’s candid disapproval of the right-to-control theory sent a strong signal that this avenue under federal criminal laws for prosecuting “informational deprivation” in dealings may be about to close.
Latest Post
More Posts
DOJ Title IX Investigation Leads to $1.6M Agreement with San Jose State University
Income Share Agreements – Risks, Rewards, and Regulators
Analysis of the DOJ’s 2020 FCA Statistics and the Trends Therein
DOJ Puts Collection of Civil Penalties on Hold in Response to COVID-19
DOJ Puts Collection of Civil Penalties on Hold in Response to COVID-19
Positive FCA Enforcement Trend for Defense Contractors: DOJ Reaffirms Commitment to Exercise Statutory Authority to Dismiss
Healthcare Executive Indicted for Alleged Cover-Up
Subscribe: Subscribe via RSS
Firm/Org