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Kousisis v. United States

Docket No.23-909
Op. Below3rd Cir.
ArgumentDec 9, 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 Amy Coney 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.

Proceedings & orders timeline

Dec 8, 2023
Application (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.
Dec 12, 2023
Application (23A538) granted by Justice Alito extending the time to file until January 19, 2024.
Jan 4, 2024
Application (23A538) to extend further the time from January 19, 2024 to February 19, 2024, submitted to Justice Alito.
Jan 18, 2024
Application (23A538) granted by Justice Alito extending the time to file until February 19, 2024.
Feb 20, 2024
Petition for a writ of certiorari filed. (Response due March 25, 2024)
Mar 6, 2024
Motion to extend the time to file a response from March 25, 2024 to April 24, 2024, submitted to The Clerk.
Mar 7, 2024
Motion to extend the time to file a response is granted and the time is extended to and including April 24, 2024.
Mar 25, 2024
Brief amici curiae of Cato Institute, et al. filed.
Apr 24, 2024
Brief of respondent United States in opposition filed.
May 10, 2024
Reply of petitioners Kousisis, et al. filed. (Distributed)
May 14, 2024
DISTRIBUTED for Conference of 5/30/2024.
May 29, 2024
Rescheduled.
Jun 3, 2024
DISTRIBUTED for Conference of 6/6/2024.
Jun 10, 2024
DISTRIBUTED for Conference of 6/13/2024.
Jun 17, 2024
Petition GRANTED.
Jul 8, 2024
Motion for an extension of time to file the briefs on the merits filed.
Jul 9, 2024
Motion 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.
Aug 19, 2024
Brief of petitioners Kousisis, et al. filed.
Aug 19, 2024
Joint appendix filed. (Statement of costs filed)
Aug 26, 2024
Brief amicus curiae of Due Process Institute filed.
Aug 26, 2024
Brief amici curiae of The National Association of Criminal Defense Lawyers; The Cato Institute filed.
Aug 26, 2024
Brief amicus curiae of Moshe Porat filed.
Oct 2, 2024
Brief of respondent United States filed.
Oct 18, 2024
SET FOR ARGUMENT on Monday, December 9, 2024.
Oct 22, 2024
Record requested from the United States Court of Appeals for the Third Circuit.
Oct 22, 2024
CIRCULATED
Oct 31, 2024
Record 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).
Nov 1, 2024
Reply of petitioners Stamatios Kousisis, et al. filed. (Distributed)
Dec 9, 2024
Argued. For petitioners: Jeffrey L. Fisher, Stanford, Cal. For respondent: Eric J. Feigin, Deputy Solicitor General, Department of Justice, Washington, D. C.
May 22, 2025
Adjudged 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.
Jun 23, 2025
Judgment Issued.
Aug 5, 2025
Record returned to the United States Court of Appeals for the Third Circuit.

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