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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