Supreme Court Report

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Stephen M. Calk, aka Sealed Defendant 1 v. United States

Paid petition · United States Court of Appeals for the Second Circuit, No. 22-313 · judgment November 28, 2023


Certiorari denied · October 7, 2024
Pre-decision estimate: 12% cert probability (95% interval 8%–17%)

Before the decision, about 2.8× the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a Second Circuit decision below, and a circuit split argued in the petition.

Questions presented

  1. Whether something with no commercial or objective value can constitute a “thing of value” that “exceed[s] $1,000,” the receipt of which is punishable as a felony under the bank bribery statute, 18 U.S.C. § 215.

  2. Whether the bank bribery statute’s “corrupt” intent element requires a breach of a bank officer’s duty to act in the best interests of the bank or can instead be satisfied by acts undertaken with a good-faith belief they will benefit the bank.

Counsel of record

For petitioner
Alexandra Anastasia Ekaterina Shapiro
Shapiro Arato Bach LLP

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 07 2024
    Petition DENIED.
  2. Aug 07 2024
    DISTRIBUTED for Conference of 9/30/2024.
  3. Aug 06 2024
    Reply of petitioner Stephen M. Calk filed. (Distributed)
  4. Jul 24 2024
    Brief of respondent United States in opposition filed.
  5. Jun 17 2024
    Motion to extend the time to file a response is granted and the time is further extended to and including July 24, 2024.
  6. Jun 14 2024
    Motion to extend the time to file a response from June 24, 2024 to July 24, 2024, submitted to The Clerk.
  7. May 16 2024
    Motion to extend the time to file a response is granted and the time is extended to and including June 24, 2024.
  8. May 15 2024
    Motion to extend the time to file a response from May 23, 2024 to June 24, 2024, submitted to The Clerk.
  9. Apr 19 2024
    Petition for a writ of certiorari filed. (Response due May 23, 2024)