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William Hugh Weygandt v. United States
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 14-10356 · judgment March 9, 2017
Before the decision, modestly above the 4.1% base rate. The model weighted this up for a Ninth Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).
Questions presented
In this case, the Ninth Circuit held that a corporate officer could be found guilty of a criminal conspiracy to defraud under 18 U.S.C. § 38(a)(3), not because he agreed with or directed anyone to commit fraud, but because he failed to purchase equipment. The Ninth Circuit’s decision raises two important questions:
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Whether a conviction for conspiracy under federal law may be based on a mere failure to act.
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Whether strict or vicarious criminal liability may be imposed on a responsible corporate officer under 18 U.S.C. § 38(a), in the absence of express Congressional intent.
Counsel of record
For petitioner
Becky Walker James
James & Associates
For respondent
Noel John Francisco
Jones Day
Proceedings
- Apr 23 2018Petition DENIED.
- Apr 04 2018DISTRIBUTED for Conference of 4/20/2018.
- Mar 28 2018Waiver of right of respondent United States to respond filed.
- Mar 02 2018Petition for a writ of certiorari filed. (Response due April 23, 2018)
- Jan 25 2018Application (17A659) granted by Justice Kennedy extending the time to file until March 4, 2018.
- Jan 23 2018Application (17A659) to extend further the time from February 2, 2018 to March 4, 2018, submitted to Justice Kennedy.
- Dec 21 2017Application (17A659) granted by Justice Kennedy extending the time to file until February 2, 2018.
- Dec 19 2017Application (17A659) to extend the time to file a petition for a writ of certiorari from January 3, 2018 to February 2, 2018, submitted to Justice Kennedy.