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Full Play Group, S.A. v. United States, et al.

Paid petition · United States Court of Appeals for the Second Circuit, No. 23-7183, 23-7186 · judgment July 2, 2025


GVR'd · January 12, 2026
Pre-decision estimate: 10% cert probability (95% interval 7%–15%)

Before the decision, about 2.4× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Second Circuit decision below, and a petition filed soon after the judgment below.

Questions presented

  1. Whether 18 U.S.C. § 1346, which defines “scheme or artifice to defraud” under the mail and wire statutes to include a scheme or artifice to “deprive another of the intangible right of honest services,” allows the government to secure a conviction based on the breach of a private code of conduct without proving that the asserted fiduciary duty has the force of law.

  2. Whether the “intangible right of honest services” extends to foreign commercial bribery schemes.

Counsel of record

For petitioner
Miguel A. Estrada
Gibson, Dunn & Crutcher LLP

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 1 conference

Amicus briefs
3 cert-stage

Related
Vide, 25-396

Proceedings

  1. Feb 13 2026
    Judgment Issued.
  2. Jan 12 2026
    Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of the pending motion to dismiss the indictment.
  3. Dec 23 2025
    DISTRIBUTED for Conference of 1/9/2026.
  4. Dec 16 2025
    Reply of petitioner Full Play Group, S.A. filed.
  5. Dec 15 2025
    Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
  6. Dec 09 2025
    Brief of respondent United States filed. VIDED.
  7. Nov 26 2025
    Motion to extend the time to file a response is granted and the time is further extended to and including December 9, 2025.
  8. Nov 25 2025
    Motion to extend the time to file a response from December 3, 2025 to December 9, 2025, submitted to The Clerk.
  9. Nov 03 2025
    Brief amicus curiae of National Association of Criminal Defense Lawyers filed. VIDED.
  10. Nov 03 2025
    Brief amicus curiae of Pacific Legal Foundation filed. VIDED.
  11. Oct 31 2025
    Brief amici curiae of Due Process Institute, et al. filed. VIDED.
  12. Oct 29 2025
    Motion to extend the time to file a response is granted and the time is extended to and including December 3, 2025.
  13. Oct 27 2025
    Motion to extend the time to file a response from November 3, 2025 to December 3, 2025, submitted to The Clerk.
  14. Sep 30 2025
    Petition for a writ of certiorari filed. (Response due November 3, 2025)