No. 18-7638

John Todd Williams v. United States

Lower Court: Second Circuit
Docketed: 2019-01-29
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-violation civil-violations consumer-protection criminal-prosecution debt-collection deceptive-tactics fair-debt-collection fair-debt-collection-practices-act fdcpa federal-law misrepresentations
Latest Conference: 2019-02-22
Question Presented (from Petition)

Whether the courts below erroneously held that Mr. Williams and his companies could be prosecuted criminally, for acts his employees committed that have always been considered civil violations, (misrepresentations and deceptive tactics to collect a debt). Several other similarly situated companies have done the exact same acts as the petitioners in yet none have been prosecuted criminally only civilly. Further this FDCPA argument has never been directly addressed by the lower courts.

Whether the courts below erroneously held in conflict with other circuits and the Supreme Court that allowed the petitioner to remain imprisoned when it was clear that the government agents never had a legitimate search warrant, let alone probable cause. The evidence clearly showed magistrate Judge Janet King never gave authorization to the FBI's agent Timothy Brody to search the petitioners business. This argument has been presented to the lower courts with evidence, but it has never been directly addressed.

Whether the courts below erroneously held that the petitioner could be charged, convicted and imprisoned for a case that did not involve a substantive crime/offense in the case.

Whether the courts below erroneously held that the petitioner be sentenced when the predicate offense of WIRE FRAUD, was never charged in the indictment, conspiracy to commit wire fraud has no penalty provision, it relies on the substantive offence of wire fraud.

Question Presented (AI Summary)

Whether the courts below erroneously held that Mr. Williams and his companies could be prosecuted criminally for acts his employees committed that have always been considered civil violations

Docket Entries

2019-02-25
Petition DENIED.
2019-02-07
DISTRIBUTED for Conference of 2/22/2019.
2019-02-05
Waiver of right of respondent United States to respond filed.
2019-01-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 28, 2019)
2018-11-20
Application (18A526) granted by Justice Ginsburg extending the time to file until February 4, 2019.
2018-11-08
Application (18A526) to extend the time to file a petition for a writ of certiorari from December 4, 2018 to February 2, 2019, submitted to Justice Ginsburg.

Attorneys

John Todd Williams
John Todd Williams — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent