Supreme Court of the United States · Official docket →
Stamatios Kousisis and Alpha Painting and Construction Co., Inc. v. United States
Paid petition · United States Court of Appeals for the Third Circuit, No. 19-3679, 19-3774 · judgment September 22, 2023
Before the decision, about 1.7× the 4.1% base rate. The model weighted this up for a Third Circuit decision below, a circuit split argued in the petition, and a business petitioner.
Question presented
The circuits are split 6-5 on the validity of the fraudulent inducement theory of mail and wire fraud. The Questions Presented are: Whether deception to induce a commercial exchange can constitute mail or wire fraud, even if inflicting economic harm on the alleged victim was not the object of the scheme. Whether a sovereign's statutory, regulatory, or policy interest is a property interest when compliance is a material term of payment for goods or services. Whether all contract rights are "property."
Counsel of record
For petitioner
Lisa Ann Mathewson
Mathewson Law LLC
For respondent
D. John Sauer
Solicitor General
Case
Conference history
Distributed for 3 conferences
Amicus briefs
1 cert-stage · 3 merits
(3 supporting pet./neither)
Argument & decision
Argued December 9, 2024 — Jeffrey L. Fisher · Eric J. Feigin. Audio and transcript
Decided May 22, 2025. Opinion by Barrett.
Proceedings
- Aug 05 2025Record returned to the United States Court of Appeals for the Third Circuit.
- Jun 23 2025Judgment Issued.
- May 22 2025Adjudged to be AFFIRMED. Barrett, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, Kagan, Kavanaugh, and Jackson, JJ., joined. Thomas, J., filed a concurring opinion. Gorsuch, J., filed an opinion concurring in part and concurring in the judgment. Sotomayor, J., filed an opinion concurring in the judgment.
- Dec 09 2024Argued. For petitioners: Jeffrey L. Fisher, Stanford, Cal. For respondent: Eric J. Feigin, Deputy Solicitor General, Department of Justice, Washington, D. C.
- Nov 01 2024Reply of petitioners Stamatios Kousisis, et al. filed. (Distributed)
- Oct 31 2024Record received electronically from the United States Court of Appeals for the Third Circuit and available with the Clerk. Sealed material from the United States Court of Appeals for the Third Circuit available with the Clerk (one envelope).
- Oct 22 2024Record requested from the United States Court of Appeals for the Third Circuit.
- Oct 22 2024CIRCULATED
- Oct 18 2024SET FOR ARGUMENT on Monday, December 9, 2024.
- Oct 02 2024Brief of respondent United States filed.
- Aug 26 2024Brief amicus curiae of Due Process Institute filed.
- Aug 26 2024Brief amici curiae of The National Association of Criminal Defense Lawyers; The Cato Institute filed.
- Aug 26 2024Brief amicus curiae of Moshe Porat filed.
- Aug 19 2024Brief of petitioners Kousisis, et al. filed.
- Aug 19 2024Joint appendix filed. (Statement of costs filed)
- Jul 09 2024Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 19, 2024. The time to file respondent's brief on the merits is extended to and including October 2, 2024.
- Jul 08 2024Motion for an extension of time to file the briefs on the merits filed.
- Jun 17 2024Petition GRANTED.
- Jun 10 2024DISTRIBUTED for Conference of 6/13/2024.
- Jun 03 2024DISTRIBUTED for Conference of 6/6/2024.
- May 29 2024Rescheduled.
- May 14 2024DISTRIBUTED for Conference of 5/30/2024.
- May 10 2024Reply of petitioners Kousisis, et al. filed. (Distributed)
- Apr 24 2024Brief of respondent United States in opposition filed.
- Mar 25 2024Brief amici curiae of Cato Institute, et al. filed.
- Mar 07 2024Motion to extend the time to file a response is granted and the time is extended to and including April 24, 2024.
- Mar 06 2024Motion to extend the time to file a response from March 25, 2024 to April 24, 2024, submitted to The Clerk.
- Feb 20 2024Petition for a writ of certiorari filed. (Response due March 25, 2024)
- Jan 18 2024Application (23A538) granted by Justice Alito extending the time to file until February 19, 2024.
- Jan 04 2024Application (23A538) to extend further the time from January 19, 2024 to February 19, 2024, submitted to Justice Alito.
- Dec 12 2023Application (23A538) granted by Justice Alito extending the time to file until January 19, 2024.
- Dec 08 2023Application (23A538) to extend the time to file a petition for a writ of certiorari from December 21, 2023 to January 19, 2024, submitted to Justice Alito.