SCOTUS Hearing Federal Statutory Criminal Cases Today

The U.S. Supreme Court is hearing two criminal cases today. Both involve interpretation of federal criminal statutes. Unlike the constitutional cases that make up a large part of the Supreme Court’s criminal docket, these will have little, if any, impact on state criminal cases.

Percoco v. United States, No. 21-1158, concerns the scope of the “honest services fraud” statute. Government officials are considered to have a duty to provide honest services to the people of their jurisdiction, but does this extend to people who hold no office but have influence in government matters? Seems like a stretch to me.

Ciminelli v. United States, No. 21-1170, poses this Question Presented:

Whether the Second Circuit’s “right to control” theory of fraud–which treats the deprivation of complete and accurate information bearing on a person’s economic decision as a species of property fraud–states a valid basis for liability under the federal wire fraud statute, 18 U.S.C. § 1343.

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