Supreme Court of the United States · Official docket →
Joseph Percoco v. United States, et al.
Paid petition · United States Court of Appeals for the Second Circuit, No. 18-2990, 18-3710, 19-1272 · judgment September 8, 2021
Before the decision, about 2.1× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Second Circuit decision below, and a dissent in the court below (flagged in the petition).
Question presented
Does a private citizen who holds no elected office or government employment, but has informal political or other influence over governmental decisionmaking, owe a fiduciary duty to the general public such that he can be convicted of honest-services fraud?
Counsel of record
For petitioner
Jacob Moshe Roth
Jones Day
For respondent
Elizabeth B. Prelogar
Solicitor General
Case
Conference history
Distributed for 2 conferences
Amicus briefs
1 cert-stage · 4 merits
(4 supporting pet./neither)
Argument & decision
Argued November 28, 2022 — Jacob M. Roth · Nicole F. Reaves. Audio and transcript
Decided May 11, 2023. Opinion by Alito.
Proceedings
- Jun 12 2023Judgment issued.
- May 18 2023Record returned to the U.S.D.C. Southern District of New York (CD-ROM and Sealed materials).
- May 11 2023Judgment REVERSED and case REMANDED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Sotomayor, Kagan, Kavanaugh, and Barrett, JJ., joined, and in which Jackson, J., joined as to all but Part II–C–2. Gorsuch, J., filed an opinion concurring in the judgment, in which Thomas, J., joined.
- Nov 28 2022Argued. For petitioner: Jacob M. Roth, Washington, D. C. For respondent: Nicole F. Reaves, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
- Nov 15 2022Reply of respondent Steven Aiello in support of petitioner filed. (Distributed)
- Nov 10 2022Reply of petitioner Joseph Percoco filed. (Distributed)
- Nov 07 2022Motion for divided argument filed by respondent Steven Aiello in support of petitioner DENIED.
- Nov 07 2022Record received from the U.S.D.C. Southern District of New York. The documents are Sealed Impounded. ( One envelope ). Also one CD with Sealed documents has been electronically filed.
- Oct 31 2022Record from the U.S.C.A. 2nd Circuit has been electronically filed.
- Oct 28 2022Record requested from the U.S.C.A. 2nd Circuit.
- Oct 25 2022CIRCULATED.
- Oct 20 2022Motion for divided argument filed by respondent Steven Aiello in support of petitioner.
- Oct 18 2022SET FOR ARGUMENT on Monday, November 28, 2022.
- Oct 18 2022Brief of respondent United States filed.
- Sep 07 2022Brief amicus curiae of The Chamber of Commerce of the United States of America in support of neither party filed.
- Sep 07 2022Brief amicus curiae of New York Council of Defense Lawyers filed.
- Sep 07 2022Brief amicus curiae of The National Association of Criminal Defense Lawyers filed.
- Sep 07 2022Brief amici curiae of Citizens United, et al. filed.
- Aug 31 2022Brief of petitioner Joseph Percoco filed.
- Aug 31 2022Joint appendix filed. (Statement of costs filed)
- Aug 31 2022Brief of respondent Steven Aiello in support of petitioner filed.
- Jul 22 2022Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 31, 2022. The time to file respondent's brief on the merits is extended to and including October 18, 2022.
- Jul 13 2022Motion for an extension of time to file the briefs on the merits filed.
- Jun 30 2022Petition GRANTED.
- Jun 29 2022DISTRIBUTED for Conference of 6/29/2022.
- Jun 07 2022DISTRIBUTED for Conference of 6/23/2022.
- Jun 03 2022Reply of petitioner Joseph Percoco filed. (Distributed)
- May 24 2022Brief of respondent United States in opposition filed. VIDED.
- Apr 07 2022Motion to extend the time to file a response is granted and the time is further extended to and including May 24, 2022.
- Apr 05 2022Motion to extend the time to file a response from April 25, 2022 to May 24, 2022, submitted to The Clerk.
- Mar 24 2022Brief amicus curiae of New York Council of Defense Lawyers filed. VIDED.
- Mar 21 2022Motion to extend the time to file a response is granted and the time is extended to and including April 25, 2022.
- Mar 17 2022Motion to extend the time to file a response from March 24, 2022 to April 25, 2022, submitted to The Clerk.
- Feb 17 2022Petition for a writ of certiorari filed. (Response due March 24, 2022)
- Jan 07 2022Application (21A298) granted by Justice Sotomayor extending the time to file until March 1, 2022.
- Jan 04 2022Application (21A298) to extend the time to file a petition for a writ of certiorari from January 30, 2022 to March 1, 2022, submitted to Justice Sotomayor.