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Moshe Porat v. United States

Paid petition · United States Court of Appeals for the Third Circuit, No. 22-1560 · judgment August 7, 2023


Certiorari denied · June 2, 2025
Pre-decision estimate: 3% cert probability

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

Question presented

Whether deception to induce a commercial exchange can constitute mail or wire fraud under 18 U.S.C. §§ 1341 and 1343, even if the defendant does not intend to cause economic harm and the alleged victim receives the goods or services for which it paid.

Counsel of record

For petitioner
Alexandra Anastasia Ekaterina Shapiro
Shapiro Arato Bach LLP

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 5 conferences

Linked docket
23A418

Proceedings

  1. Jun 02 2025
    Petition DENIED.
  2. May 27 2025
    DISTRIBUTED for Conference of 5/29/2025.
  3. Jun 10 2024
    DISTRIBUTED for Conference of 6/13/2024.
  4. Jun 03 2024
    DISTRIBUTED for Conference of 6/6/2024.
  5. May 29 2024
    Rescheduled.
  6. May 14 2024
    DISTRIBUTED for Conference of 5/30/2024.
  7. May 14 2024
    Supplemental brief of petitioner Moshe Porat filed. (Distributed)
  8. Apr 01 2024
    Rescheduled.
  9. Mar 20 2024
    DISTRIBUTED for Conference of 4/12/2024.
  10. Mar 15 2024
    Reply of petitioner Moshe Porat filed.
  11. Mar 04 2024
    Brief of respondent United States in opposition filed.
  12. Jan 31 2024
    Petition for a writ of certiorari filed. (Response due March 4, 2024)
  13. Nov 15 2023
    Application (23A418) granted by Justice Alito extending the time to file until January 31, 2024.
  14. Nov 06 2023
    Application (23A418) to extend the time to file a petition for a writ of certiorari from January 1, 2024 to March 1, 2024, submitted to Justice Alito.