No. 18-6660

Mustafa Hasan Arif v. United States

Lower Court: First Circuit
Docketed: 2018-11-13
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 15-usc-52-57 advertising-law civil-procedure criminal-intent false-advertising first-circuit intent-to-defraud intent-to-harm non-prescription-drugs statutory-interpretation wire-fraud
Latest Conference: 2019-01-04
Question Presented (from Petition)

Whether petitioner was wrongly prosecuted under the Wire Fraud statute because Congress intended such allegations of false advertising of nonprescription drugs to be prosecuted only under 15 U.S.C. 52-57?

Whether petitioner's advertising practices in themselves constituted Wire Fraud despite his honest belief in the efficacy of his remediesand where there was no claim that the remedies were not actually effective as advertised nor their physical contents or licensing status misrepresented?

Whether an 'intent to harm' is a necessary part of the 'intent to defraud' element of Wire Fraud, as held by a majority of appellate courts but disputed by the First Circuit which also dispensed away with any such requirement in petitioner's case?

Question Presented (AI Summary)

Whether petitioner was wrongly prosecuted under the Wire Fraud statute

Docket Entries

2019-01-07
Petition DENIED.
2018-11-29
DISTRIBUTED for Conference of 1/4/2019.
2018-11-20
Waiver of right of respondent United States to respond filed.
2018-08-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 13, 2018)

Attorneys

Mustafa Hasan Arif
Mustafa Hasan Arif — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent