No. 20-767

Jessica Arong O'Brien v. United States

Lower Court: Seventh Circuit
Docketed: 2020-12-07
Status: Denied
Type: Paid
Response Waived
Tags: bank-fraud continuing-offense federal-insurance federally-insured-lender imputed-knowledge mail-fraud real-estate-transaction scheme-liability statute-of-limitations
Latest Conference: 2021-01-08
Question Presented (from Petition)

1. Whether under Loughrin, a real estate seller's knowledge of her buyer's federally-insured lender may be imputed to sustain a conviction under § 1344, thereby omitting proof of actual knowledge.

2. Whether bank and mail fraud are continuing offenses pursuant to Toussie v. U.S., 397 U.S. 112 (1970), that allow the government to circumvent statutes of limitations by aggregating non-bank and bank transactions as a "scheme" involving different parties and transactional purposes.

3. Whether mail fraud or bank fraud is duplicitous, vague and confusing to a jury when it combines four to five un-related non-bank and bank transactions, all of which are outside of the statute of limitations except one, into a single count.

Question Presented (AI Summary)

Whether under Loughrin, a real estate seller's knowledge of her buyer's federally-insured lender may be imputed to sustain a conviction under § 1344, thereby omitting proof of actual knowledge

Docket Entries

2021-01-11
Petition DENIED. Justice Barrett took no part in the consideration or decision of this petition.
2020-12-23
DISTRIBUTED for Conference of 1/8/2021.
2020-12-18
Waiver of right of respondent United States to respond filed.
2020-11-25
Petition for a writ of certiorari filed. (Response due January 6, 2021)

Attorneys

Jessica A. O'Brien
Jessica Arong O'Brien — Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent