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Kousisis v. United States

Docket No. Op. Below Argument Opinion Vote Author Term
23-909 3rd Cir. Dec 9, 2024 May 22, 2025 9-0 Barrett OT 2024

Holding: A defendant who induces a victim to enter into a transaction under materially false pretenses may be convicted of federal fraud even if the defendant did not seek to cause the victim economic loss.

Judgment: Affirmed, 9-0, in an opinion by Justice Barrett on May 22, 2025. Justice Thomas filed a concurring opinion. Justice Gorsuch filed an opinion concurring in part and concurring in the judgment. Justice Sotomayor filed an opinion concurring in the judgment.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
12/08/2023Application (23A538) to extend the time to file a petition for a writ of certiorari from December 21, 2023 to January 19, 2024, submitted to Justice Alito.
12/12/2023Application (23A538) granted by Justice Alito extending the time to file until January 19, 2024.
01/04/2024Application (23A538) to extend further the time from January 19, 2024 to February 19, 2024, submitted to Justice Alito.
01/18/2024Application (23A538) granted by Justice Alito extending the time to file until February 19, 2024.
02/20/2024Petition for a writ of certiorari filed. (Response due March 25, 2024)
03/06/2024Motion to extend the time to file a response from March 25, 2024 to April 24, 2024, submitted to The Clerk.
03/07/2024Motion to extend the time to file a response is granted and the time is extended to and including April 24, 2024.
03/25/2024Brief amici curiae of Cato Institute, et al. filed.
04/24/2024Brief of respondent United States in opposition filed.
05/10/2024Reply of petitioners Kousisis, et al. filed. (Distributed)
05/14/2024DISTRIBUTED for Conference of 5/30/2024.
05/29/2024Rescheduled.
06/03/2024DISTRIBUTED for Conference of 6/6/2024.
06/10/2024DISTRIBUTED for Conference of 6/13/2024.
06/17/2024Petition GRANTED.
07/08/2024Motion for an extension of time to file the briefs on the merits filed.
07/09/2024Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 19, 2024. The time to file respondent's brief on the merits is extended to and including October 2, 2024.
08/19/2024Brief of petitioners Kousisis, et al. filed.
08/19/2024Joint appendix filed. (Statement of costs filed)
08/26/2024Brief amicus curiae of Due Process Institute filed.
08/26/2024Brief amici curiae of The National Association of Criminal Defense Lawyers; The Cato Institute filed.
08/26/2024Brief amicus curiae of Moshe Porat filed.
10/02/2024Brief of respondent United States filed.
10/18/2024SET FOR ARGUMENT on Monday, December 9, 2024.
10/22/2024Record requested from the United States Court of Appeals for the Third Circuit.
10/22/2024CIRCULATED
10/31/2024Record received electronically from the United States Court of Appeals for the Third Circuit and available with the Clerk. Sealed material from the United States Court of Appeals for the Third Circuit available with the Clerk (one envelope).
11/01/2024Reply of petitioners Stamatios Kousisis, et al. filed. (Distributed)
12/09/2024Argued. For petitioners: Jeffrey L. Fisher, Stanford, Cal. For respondent: Eric J. Feigin, Deputy Solicitor General, Department of Justice, Washington, D. C.
05/22/2025Adjudged to be AFFIRMED. Barrett, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, Kagan, Kavanaugh, and Jackson, JJ., joined. Thomas, J., filed a concurring opinion. Gorsuch, J., filed an opinion concurring in part and concurring in the judgment. Sotomayor, J., filed an opinion concurring in the judgment.