Ciminelli v. United States
Holding
The U.S. Court of Appeals for the 2nd Circuit's right-to-control theory, under which the government can establish federal wire fraud by showing that the defendant schemed to deprive a victim of potentially valuable economic information necessary to make discretionary economic decisions, cannot form the basis for a conviction under the federal fraud statutes because the right to control is not grounded in a traditional property interest.
Judgment
Reversed and remanded, 9-0, in an opinion by Clarence Thomas on May 11, 2023. Justice Alito filed a concurring opinion.
Jan 7, 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 28, 2022)Mar 23, 2022Motion to extend the time to file a response from March 28, 2022 to April 27, 2022, submitted to The Clerk.Mar 24, 2022Motion to extend the time to file a response is granted and the time is extended to and including April 27, 2022.
Mar 24, 2022Brief amicus curiae of New York Council of Defense Lawyers filed. VIDED.Apr 5, 2022Motion to extend the time to file a response from April 27, 2022 to May 24, 2022, submitted to The Clerk.Apr 7, 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 6, 2022Reply of petitioner Louis Ciminelli filed. (Distributed)Jun 7, 2022DISTRIBUTED for Conference of 6/23/2022.
Jun 29, 2022DISTRIBUTED for Conference of 6/29/2022.
Jun 30, 2022Petition GRANTED.
Jul 12, 2022Motion for an extension of time to file the briefs on the merits filed.Jul 22, 2022Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 29, 2022. The time to file respondent's brief on the merits is extended to and including October 12, 2022.
Aug 29, 2022Brief of petitioner Louis Ciminelli filed.Aug 29, 2022Joint appendix filed. (Statement of costs filed)Aug 29, 2022Brief of respondent Alain Kaloyeros in support of petitioner filed.Aug 29, 2022Brief of respondents Steven Aiello and Joseph Gerardi in support of petitioner filed.Sep 6, 2022Brief amici curiae of Law Professors filed.Sep 6, 2022Amicus brief of New York Council of Defense Lawyers not accepted for filing.(Corrected version submitted) (September 13, 2022)
Sep 6, 2022Brief amicus curiae of New York Council of Defense Lawyers filed.(Sep. 13, 2022)Sep 6, 2022Brief amicus curiae of Associated General Contractors of America, Inc filed.Sep 6, 2022Brief amicus curiae of The National Association of Criminal Defense Lawyers filed.Sep 6, 2022Brief amicus curiae of Chamber of Commerce of the United States of America in support of neither party filed.Oct 7, 2022Record received from the U.S.D.C. Southern District of New York. The documents are Sealed Impounded. ( One envelope ). Also one CD with Sealed documents has been electronically filed.
Oct 12, 2022Brief of respondent United States filed.Oct 18, 2022SET FOR ARGUMENT on Monday, November 28, 2022.
Oct 25, 2022CIRCULATED.
Oct 28, 2022Record requested from the U.S.C.A. 2nd Circuit.
Nov 14, 2022Reply of petitioner Louis Ciminelli filed. (Distributed)Nov 14, 2022Reply of respondents Steven Aiello and Joseph Gerardi in support of petitioner filed. (Distributed)Nov 14, 2022Reply of respondent Alain Kaloyeros in support of petitioner filed. (Distributed)Nov 28, 2022Argued. For petitioner: Michael R. Dreeben, Washington, D. C. For respondent: Eric J. Feigin, Deputy Solicitor General, Department of Justice, Washington, D. C.
May 11, 2023Judgment REVERSED and case REMANDED. Thomas, J., delivered the opinion for a unanimous Court. Alito, J., filed a concurring opinion.
Jun 12, 2023Judgment issued.Recommended Citation: Ciminelli v. United States, SCOTUSblog, https://www.scotusblog.com/cases/ciminelli-v-united-states/