Supreme Court of the United States · Official docket →
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, with no standout signals pointing toward a grant.
Question presented
- 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
Proceedings
- Apr 17 2023Petition DENIED.
- Mar 22 2023DISTRIBUTED for Conference of 4/14/2023.
- Mar 15 2023Waiver of right of respondent United States to respond filed.
- Mar 03 2023Petition for a writ of certiorari filed. (Response due April 7, 2023)