Supreme Court invalidates "right-to-control" theory as a basis for liability under the federal wire fraud statute.
dangeloelgal.substack.com
In Ciminelli v. United States, No. 21-1170, Ciminelli was convicted of wire fraud for his role in a scheme to rig the bid process for obtaining state-funded development projects. In this case, we must decide whether the Second Circuit's longstanding "right to control" theory of fraud describes a valid basis for liability under the federal wire fraud statute, which criminalizes the use of interstate wires for "any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises."
Supreme Court invalidates "right-to-control" theory as a basis for liability under the federal wire fraud statute.
Supreme Court invalidates "right-to-control…
Supreme Court invalidates "right-to-control" theory as a basis for liability under the federal wire fraud statute.
In Ciminelli v. United States, No. 21-1170, Ciminelli was convicted of wire fraud for his role in a scheme to rig the bid process for obtaining state-funded development projects. In this case, we must decide whether the Second Circuit's longstanding "right to control" theory of fraud describes a valid basis for liability under the federal wire fraud statute, which criminalizes the use of interstate wires for "any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises."