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Steven Aiello and Joseph Gerardi v. United States

Paid petition · United States Court of Appeals for the Second Circuit, No. 18-2990, 18-3710, 19-1272

GVR'd · May 22, 2023
Pre-decision estimate: 6% cert probability (95% interval 3%–11%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here and a Second Circuit decision below.

Questions presented

  1. Whether paying an influential private citizen to advocate one’s position before a government agency can constitute honest services fraud under 18 U.S.C. §1346.

  2. Whether deception that deprives a person of “potentially valuable economic information,” without more, can constitute “money or property” fraud under the federal mail and wire fraud statutes, 18 U.S.C. §1341 and §1343.

Counsel of record

For petitioner
Alexandra Anastasia Ekaterina Shapiro
Shapiro Arato Bach LLP

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 3 conferences

Amicus briefs
2 cert-stage

Linked docket
21A298

Proceedings

  1. Jun 23 2023
    Judgment issued.
    Main Document
  2. May 22 2023
    Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Percoco v. United States, 598 U. S. ___ (2023) and Ciminelli v. United States, 598 U. S. ___ (2023).
  3. May 15 2023
    DISTRIBUTED for Conference of 5/18/2023.
  4. Jun 29 2022
    DISTRIBUTED for Conference of 6/29/2022.
  5. Jun 07 2022
    DISTRIBUTED for Conference of 6/23/2022.
  6. Jun 03 2022
    Reply of petitioners Steven Aiello and Joseph Gerardi filed. (Distributed)
    Main DocumentProof of ServiceCertificate of Word Count
  7. May 24 2022
    Brief of respondent United States in opposition filed. VIDED.
    Main DocumentCertificate of Word Count
  8. Apr 07 2022
    Motion to extend the time to file a response is granted and the time is further extended to and including May 24, 2022.
  9. Apr 05 2022
    Motion to extend the time to file a response from April 25, 2022 to May 24, 2022, submitted to The Clerk.
    Main Document
  10. Mar 25 2022
    Brief amici curiae of Criminal Law Scholars filed.
    Main DocumentProof of ServiceCertificate of Word Count
  11. Mar 24 2022
    Brief amicus curiae of New York Council of Defense Lawyers filed. VIDED.
    Main DocumentCertificate of Word CountProof of Service
  12. Mar 21 2022
    Motion to extend the time to file a response is granted and the time is extended to and including April 25, 2022.
  13. Mar 17 2022
    Motion to extend the time to file a response from March 25, 2022 to April 25, 2022, submitted to The Clerk.
    Main Document
  14. Feb 18 2022
    Petition for a writ of certiorari filed. (Response due March 25, 2022)
    PetitionProof of ServiceCertificate of Word Count
  15. Jan 07 2022
    Application (21A298) granted by Justice Sotomayor extending the time to file until March 1, 2022.