Supreme Court of the United States · Official docket →
Charles M. Hallinan v. United States
Paid petition · United States Court of Appeals for the Third Circuit, No. 18-2539 · judgment September 6, 2019
Before the decision, about 1.6× the 4.1% base rate. The model weighted this up for a Third Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).
Questions presented
Under 18 U.S.C. § 1962(c) and (d) anyone “employed by or associated with any enterprise” is prohibited from conspiring to “conduct or participate, directly or indirectly, in the conduct of such enterprise’s affairs through . . . collection of unlawful debt.” The questions presented are:
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Whether a person violates 18 U.S.C. § 1962(c) by simply knowing an enterprise is collecting a debt that is separately determined to be unlawful, as found by the Third Circuit Court of Appeals, or whether the statute requires a defendant to know that the debt is unlawful and acted willfully to violate that law, as determined by the Second, Fifth, and Eleventh Circuit Courts of Appeals.
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Whether a litigant who makes a false statement during a civil proceeding commits wire fraud by “defrauding” the counter party out of a right to sue when this Court has limited wire fraud to “traditionally recognized money or property.”
Counsel of record
For petitioner
Michael Max Rosensaft
Katten Muchin Rosenman LLP
For respondent
Noel John Francisco
Jones Day
Proceedings
- Jun 29 2020Petition DENIED.
- Jun 09 2020DISTRIBUTED for Conference of 6/25/2020.
- Jun 05 2020Waiver of the 14-day waiting period for the distribution of the petition under Rule 15.5 filed by petitioner.
- Jun 05 2020Reply of petitioner Charles M. Hallinan filed. (Distributed)
- May 26 2020Brief of respondent United States of America in opposition filed.
- Apr 20 2020Motion to extend the time to file a response is granted and the time is extended to and including May 26, 2020.
- Apr 17 2020Motion to extend the time to file a response from April 24, 2020 to May 26, 2020, submitted to The Clerk.
- Mar 25 2020Response Requested. (Due April 24, 2020)
- Mar 18 2020DISTRIBUTED for Conference of 4/3/2020.
- Mar 18 2020Brief amicus curiae of National Association of Criminal Defense Lawyers filed. (Distributed)
- Mar 11 2020Waiver of right of respondent United States of America to respond filed.
- Mar 04 2020Petition for a writ of certiorari filed. (Response due April 6, 2020)
- Jan 07 2020Application (19A740) granted by Justice Alito extending the time to file until March 4, 2020.
- Jan 06 2020Application (19A740) to extend the time to file a petition for a writ of certiorari from February 3, 2020 to April 1, 2020, submitted to Justice Alito.