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James Gatto, et al. v. United States

Paid petition · United States Court of Appeals for the Second Circuit, No. 19-0783 · judgment January 15, 2021

Certiorari denied · December 13, 2021
Pre-decision estimate: 1% cert probability

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

Questions presented

  1. Whether 18 U.S.C. § 1343—the federal wire fraud statute—requires the Government to prove, consistent with Section 1343’s statutory text, that the “object” of the alleged wire fraud scheme was to “obtain” money or property from the victim?

  2. Whether this Court’s conclusion in United States v. Kelly, 140 S. Ct. 1565, that “incidental” harms, even where foreseeable, do not violate 18 U.S.C. § 1343 was merely dicta, such that a jury need not be informed before deliberations that such harms fall outside the bounds of the statute?

  3. Whether a “right to control” athletic scholarship decisions constitutes “property” protected by 18 U.S.C. § 1343?

Counsel of record

For petitioner
Michael S. Schachter
Willkie Farr & Gallagher LLP

For respondent
Andrew A. Mathias
Nexsen Pruet LLC

Case

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Proceedings

  1. Dec 13 2021
    Petition DENIED.
  2. Nov 23 2021
    DISTRIBUTED for Conference of 12/10/2021.
  3. Nov 22 2021
    Reply of petitioner James Gatto filed. (Distributed)
    Main DocumentCertificate of Word CountProof of Service
  4. Nov 08 2021
    Brief of respondent United States in opposition filed.
    Main DocumentProof of Service
  5. Sep 22 2021
    Motion to extend the time to file a response is granted and the time is further extended to and including November 8, 2021.
  6. Sep 21 2021
    Motion to extend the time to file a response from October 7, 2021 to November 8, 2021, submitted to The Clerk.
    Main Document
  7. Sep 17 2021
    Amicus brief of New York Council of Defense Lawyers not accepted for filing. (Corrected version submitted)
  8. Sep 07 2021
    Brief of respondents Merl Code and Christian Dawkins in support filed.
    Main DocumentCertificate of Word CountProof of Service
  9. Sep 07 2021
    Brief amicus curiae of New York Council of Defense Lawyers filed.
    Main DocumentCertificate of Word CountProof of Service
  10. Sep 02 2021
    Motion to extend the time to file a response is granted and the time is extended to and including October 7, 2021.
  11. Sep 01 2021
    Motion to extend the time to file a response from September 7, 2021 to October 7, 2021, submitted to The Clerk.
    Main Document
  12. Aug 02 2021
    Petition for a writ of certiorari filed. (Response due September 7, 2021)
    PetitionCertificate of Word CountProof of Service