Supreme Court of the United States · Official docket →
Michael L. Binday v. United States
Paid petition · United States Court of Appeals for the Second Circuit, No. 21-1206 · judgment October 12, 2021
GVR'd · May 22, 2023
Pre-decision estimate: 4% cert probability
Before the decision, roughly the 4.1% base rate. The model weighted this up for counsel who has won certiorari before and a Second Circuit decision below.
Question presented
Whether the Second Circuit’s “right to control” theory of fraud – which treats the deprivation of complete and accurate information bearing on one’s economic decision as a form of “property” fraud – is a valid basis for a conviction under the federal mail and wire fraud statutes, 18 U.S.C. §§ 1341, 1343.
Counsel of record
For petitioner
David William Shapiro
The Norton Law Firm
For respondent
Elizabeth B. Prelogar
Solicitor General
Proceedings
- Jun 23 2023Judgment issued.
- May 22 2023Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Ciminelli v. United States, 598 U. S. ___ (2023).
- May 15 2023DISTRIBUTED for Conference of 5/18/2023.
- Dec 10 2022Application (22A506) denied by Justice Sotomayor.
- Nov 29 2022Application (22A506) for bail, submitted to Justice Sotomayor.
- Oct 05 2022DISTRIBUTED for Conference of 10/28/2022.
- Oct 04 2022Reply of petitioner Michael Binday filed. (Distributed)
- Sep 21 2022Memorandum of respondent United States filed.
- Aug 19 2022Motion to extend the time to file a response is granted and the time is further extended to and including September 21, 2022.
- Aug 18 2022Motion to extend the time to file a response from August 22, 2022 to September 21, 2022, submitted to The Clerk.
- Jul 18 2022Motion to extend the time to file a response is granted and the time is extended to and including August 22, 2022.
- Jul 15 2022Motion to extend the time to file a response from July 21, 2022 to August 22, 2022, submitted to The Clerk.
- Jun 21 2022Response Requested. (Due July 21, 2022)
- Jun 07 2022DISTRIBUTED for Conference of 6/23/2022.
- Apr 06 2022Rescheduled.
- Mar 29 2022DISTRIBUTED for Conference of 4/14/2022.
- Mar 29 2022Letter from Michael L. Binday filed.
- Mar 23 2022Waiver of right of respondent United States to respond filed.
- Mar 10 2022Petition for a writ of certiorari filed. (Response due April 14, 2022)
- Dec 14 2021Application (21A216) granted by Justice Sotomayor extending the time to file until March 11, 2022.
- Dec 02 2021Application (21A216) to extend the time to file a petition for a writ of certiorari from January 10, 2022 to March 11, 2022, submitted to Justice Sotomayor.