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Donald V. Watkins, Jr. v. United States

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 19-12951 · judgment July 15, 2022


Certiorari denied · April 17, 2023
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate: the model weighted this down for a self-represented petitioner.

Question presented

  1. Whether the Court of Appeals erred, as a matter of law, in sustaining a conviction for wire fraud conspiracy under 18 U.S.C. §1349 (in Count One of the Indictment) and convictions for wire fraud under 18 U.S.C. §§1343 and 2 (in Count Two) in a case where: (a) the rights and obligations between the Petitioner and the investor/“victims” were codified in written contracts that incorporated longstanding corporate governance documents, pre-existing operating agreements, and a related-offering memorandum; (b) the “victims” were “accredited investors” who were represented in their investment transactions by financial advisors and/or lawyers of their choice; (c) the “victims” agreed in writing to honor all of the terms and conditions set forth in the applicable corporate governance documents, which were promulgated and adopted by Petitioner’s corporate predecessors; (d) every category of expenditures cited by the government as “fraudulent” or “personal” was expressly authorized in the governing operating agreements to which the “victims” agreed to be bound; (e) the “risk factors” related to these investments were disclosed to the “victims” and acknowledged in their purchase agreements; (f) the businesses in which the “victims” invested

Counsel of record

For petitioner
Donald V. Watkins Jr.

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 1 conference

Related
Vide, 22-852

Order
Order list, April 17, 2023 · Certiorari denied

Proceedings

  1. Apr 17 2023
    Petition DENIED.
  2. Mar 22 2023
    DISTRIBUTED for Conference of 4/14/2023.
  3. Mar 15 2023
    Waiver of right of respondent United States to respond filed.
  4. Mar 03 2023
    Petition for a writ of certiorari filed. (Response due April 7, 2023)