No. 20-1671

Chi Ping Patrick Ho v. United States

Lower Court: Second Circuit
Docketed: 2021-06-02
Status: Denied
Type: Paid
Response Waived
Tags: criminal-procedure federal-courts foreign-corrupt-practices-act indictment money-laundering prosecution-exemption reference-canon statutory-interpretation
Key Terms:
FifthAmendment CriminalProcedure JusticiabilityDoctri
Latest Conference: 2021-06-24
Question Presented (from Petition)

1. Whether a federal court may decline to apply the reference canon, recently reaffirmed by this Court in Jam v. Int Fin. Corp., --- U.S. ---, 139 S. Ct. 759, 769 (2019), to the money laundering statute, 18 U.S.C. § 1956, which makes specific reference to the Foreign Corrupt Practices Act?

2. Whether an indictment may allege that a defendant violated a federal statute while also alleging that the defendant belongs to the class of persons who are exempt from prosecution under that statute?

Question Presented (AI Summary)

Whether a federal court may decline to apply the reference canon to the money laundering statute, 18 U.S.C. § 1956, which makes specific reference to the Foreign Corrupt Practices Act?

Docket Entries

2021-06-28
Petition DENIED.
2021-06-08
DISTRIBUTED for Conference of 6/24/2021.
2021-06-04
Waiver of right of respondent United States of America to respond filed.
2021-05-26
Petition for a writ of certiorari filed. (Response due July 2, 2021)

Attorneys

Chi Ping Patrick Ho
Benjamin E. RosenbergDechert LLP, Petitioner
United States of America
Elizabeth B. PrelogarActing Solicitor General, Respondent