Supreme Court of the United States · Official docket →
Robert J. Jesenik v. United States
IFP petition · United States Court of Appeals for the Ninth Circuit, No. 23-2282, 24-5404 · judgment September 5, 2025
Question presented
The materiality of a falsehood is an element of—and thus a limit on— the federal fraud statutes. This Court has held that an investor’s behavior can be highly relevant to materiality. The question presented is: Whether the Ninth Circuit’s “prophylactic” “bright-line rule” that precludes a defendant’s use of investor behavior evidence to prevent “victim blaming,” even when such evidence is highly relevant to materiality and other elements of wire fraud, is inconsistent with this Court’s precedent, other circuits that follow the Court’s precedent, and the defendant’s due process rights.
Counsel of record
For petitioner
Jessica Greenlick Snyder
Sugerman Dahab
For respondent
D. John Sauer
Solicitor General
Proceedings
- Aug 12 2026Motion to extend the time to file a response is granted and the time is further extended to and including September 21, 2026.
- Aug 11 2026Motion to extend the time to file a response from August 21, 2026 to September 21, 2026, submitted to The Clerk.
- Jul 22 2026Brief amicus curiae of National Association for Criminal Defense Lawyers filed.
- Jul 15 2026Motion to extend the time to file a response is granted and the time is extended to and including August 21, 2026.
- Jul 13 2026Motion to extend the time to file a response from July 22, 2026 to August 21, 2026, submitted to The Clerk.
- Jun 22 2026Response Requested. (Due July 22, 2026)
- Jun 18 2026DISTRIBUTED for Conference of 9/28/2026.
- Jun 11 2026Waiver of right of respondent United States to respond filed.
- May 28 2026Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 6, 2026)
- Mar 27 2026Application (25A1067) granted by Justice Kagan extending the time to file until May 28, 2026.
- Mar 18 2026Application (25A1067) to extend the time to file a petition for a writ of certiorari from March 29, 2026 to May 28, 2026, submitted to Justice Kagan.