No. 22-320
Kenneth R. Spirito v. United States
Tags: 18-usc-666 circuit-court-interpretation federal-program-fraud intentional-misapplication kelly-v-united-states property-deprivation prosecutorial-scope regulatory-authority statutory-interpretation
Key Terms:
SocialSecurity Securities Immigration
SocialSecurity Securities Immigration
Latest Conference:
2023-01-06
Question Presented (from Petition)
Whether the elements of the offense of federal program fraud under 18 U.S.C. § 666(a)(1)(A) differ under a theory of intentional misapplication and stand as an exception to Kelly's rule that the government must prove the defendant fraudulently intended to obtain property or deprive the owner of property.
Question Presented (AI Summary)
Whether the Fourth Circuit erred in holding that prosecutions for violations of 18 U.S.C. § 666(a)(1)(A) under a theory of intentional misapplication do not require the defendant to 'obtain' the property or 'deprive' the owner of the property
Docket Entries
2023-01-09
Petition DENIED.
2022-12-21
DISTRIBUTED for Conference of 1/6/2023.
2022-12-05
Brief of respondent United States in opposition filed.
2022-10-26
Motion to extend the time to file a response is granted and the time is extended to and including December 5, 2022.
2022-10-25
Motion to extend the time to file a response from November 4, 2022 to December 5, 2022, submitted to The Clerk.
2022-09-26
Petition for a writ of certiorari filed. (Response due November 4, 2022)
Attorneys
Kenneth R. Spirito
Erin Marie Harrigan — Gentry Locke, Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent