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Aiello v. United States

Petition for certiorari granted, judgment vacated, and case remanded to the U.S. Court of Appeals for the 2nd Circuit for further consideration in light of Percoco v. United States and Ciminelli v. United States.
Docket No. Op. Below Argument Opinion Vote Author Term
21-1161 2nd Cir. N/A N/A N/A N/A OT 2022

Issues: (1) Whether paying an influential private citizen to advocate one’s position before a government agency can constitute honest services fraud under 18 U.S.C. § 1346; and (2) whether deception that deprives a person of “potentially valuable economic information,” without more, can constitute “money or property” fraud under the federal mail and wire fraud statutes.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jan 07 2022Application (21A298) granted by Justice Sotomayor extending the time to file until March 1, 2022.
Feb 18 2022Petition for a writ of certiorari filed. (Response due March 25, 2022)
Mar 17 2022Motion to extend the time to file a response from March 25, 2022 to April 25, 2022, submitted to The Clerk.
Mar 21 2022Motion to extend the time to file a response is granted and the time is extended to and including April 25, 2022.
Mar 24 2022Brief amicus curiae of New York Council of Defense Lawyers filed. VIDED.
Mar 25 2022Brief amici curiae of Criminal Law Scholars filed.
Apr 05 2022Motion to extend the time to file a response from April 25, 2022 to May 24, 2022, submitted to The Clerk.
Apr 07 2022Motion to extend the time to file a response is granted and the time is further extended to and including May 24, 2022.
May 24 2022Brief of respondent United States in opposition filed. VIDED.
Jun 03 2022Reply of petitioners Steven Aiello and Joseph Gerardi filed. (Distributed)
Jun 07 2022DISTRIBUTED for Conference of 6/23/2022.
Jun 29 2022DISTRIBUTED for Conference of 6/29/2022.
May 15 2023DISTRIBUTED for Conference of 5/18/2023.
May 22 2023Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Percoco v. United States, 598 U. S. ___ (2023) and Ciminelli v. United States, 598 U. S. ___ (2023).
Jun 23 2023Judgment issued.