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Alain Kaloyeros v. United States

Paid petition · United States Court of Appeals for the Second Circuit, No. 18-3710, 18-3712, 18-3715, 18-3850 · judgment September 8, 2021

GVR'd · May 22, 2023
Pre-decision estimate: 8% cert probability (95% interval 5%–13%)

Before the decision, about 2× the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a Second Circuit decision below, and counsel who has filed here before.

Question presented

Is the deprivation of accurate information regarding a transaction, without more, “property” under the wire fraud statute (18 U.S.C. § 1343), as the Second Circuit held under its “right to control” theory of property-based fraud? .

Counsel of record

For petitioner
Michael Campion Miller
Steptoe & Johnson LLP

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 3 conferences

Amicus briefs
1 cert-stage

Linked docket
21A298

Order
Order list, May 22, 2023 · Summary disposition

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 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 petitioner Alain Kaloyeros 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 27, 2022 to May 24, 2022, submitted to The Clerk.
    Main Document
  10. Mar 24 2022
    Motion to extend the time to file a response is granted and the time is extended to and including April 27, 2022.
  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 23 2022
    Motion to extend the time to file a response from March 28, 2022 to April 27, 2022, submitted to The Clerk.
    Main Document
  13. Feb 18 2022
    Petition for a writ of certiorari filed. (Response due March 28, 2022)
    PetitionCertificate of Word CountProof of Service
  14. Jan 07 2022
    Application (21A298) granted by Justice Sotomayor extending the time to file until March 1, 2022.
  15. Jan 04 2022
    Application (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 Sotomaryor.