Article
Source: Bloomberg Law
Article
12.04.24
An article published by Bloomberg Law and authored by Litigation partner Mark Krotoski and Appellate partner Anne Voigts examines how prosecutors and courts have continued to test the limits of the federal wire and mail fraud statutes. The authors trace a series of Supreme Court decisions—from McNally to Ciminelli—that have narrowed these laws to schemes targeting traditional property interests, while leaving uncertainty over when federal prosecution is appropriate versus state or civil remedies.
The authors also highlight the pending Supreme Court case Kousisis and Alpha Painting & Construction Co. v. United States, which could further define the reach of these statutes. The case raises issues whether deception without direct economic harm or involving regulatory compliance is covered by the federal mail and wire fraud statutes. The authors note that while the ruling may clarify the current divide, it will likely continue the ongoing tension between efforts for more expansive enforcement and judicial restraint.
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