SCOTUS grants cert to address fraudulent inducement theory of federal criminal fraud
As explained here at SCOTUSblog, the Justice via a new order list has filled in a bit more of its still light docket for next Term:
The justices on Monday morning added four new cases to their docket for the 2024-25 term. In a list of orders from the justices’ private conference last week, the court agreed to tackle issues ranging from the burden of proof for an employer hoping to rely on an exemption from the Fair Labor Standards Act to the pleading standards for cases under the Private Securities Litigation Reform Act.
One of the four cases taken up by SCOTUS today is a criminal fraud case: Kousisis v. US. Here is how the cert petition in this case presented the questions to the Court:
The circuits are split 6-5 on the validity of the fraudulent inducement theory of mail and wire fraud. The Questions Presented are:
Whether deception to induce a commercial exchange can constitute mail or wire fraud, even if inflicting economic harm on the alleged victim was not the object of the scheme.
Whether a sovereign’s statutory, regulatory, or policy interest is a property interest when compliance is a material term of payment for goods or services.
Whether all contract rights are “property.”