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Chi Ping Patrick Ho v. United States

Paid petition · United States Court of Appeals for the Second Circuit, No. 19-761 · judgment December 29, 2020


Certiorari denied · June 28, 2021
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

Petitioner respectfully presents two issues for review, each of which warrants the involvement of this Court:

  1. Whether a federal court may decline to apply the reference canon, recently reaffirmed by this Court in Jam v. Int’l Fin. Corp., --- U.S. ---, 139 S. Ct. 759, 769 (2019), to the money laundering statute, 18 U.S.C. § 1956, which makes specific reference to the Foreign Corrupt Practices Act?

  2. Whether an indictment may allege that a defendant violated a federal statute while also alleging that the defendant belongs to the class of persons who are exempt from prosecution under that statute?

Counsel of record

For petitioner
Benjamin E. Rosenberg
Dechert LLP

For respondent
Brian H. Fletcher
Acting Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jun 28 2021
    Petition DENIED.
  2. Jun 08 2021
    DISTRIBUTED for Conference of 6/24/2021.
  3. Jun 04 2021
    Waiver of right of respondent United States of America to respond filed.
  4. May 26 2021
    Petition for a writ of certiorari filed. (Response due July 2, 2021)