No. 22-945

Jonathan Dean Davis v. United States

Lower Court: Fifth Circuit
Docketed: 2023-03-29
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2) Experienced Counsel
Tags: criminal-procedure criminal-statute misrepresentation money-laundering restitution sentencing statutory-interpretation victim-loss wire-fraud
Latest Conference: 2023-09-26 (distributed 2 times)
Question Presented (from Petition)

1. Is proof of misrepresentations by a defendant in 2014 alone sufficient to establish that wire transfers occurring years later in 2016 and 2017 were "for the purpose of executing" a scheme to defraud in violation of 18 U.S.C. § 1343 or does "wire fraud" require evidence to connect the wires to the fraud?

2. Is proof of misrepresentations by a defendant in 2014 alone sufficient to prove that a defendant "knew" transactions occurring years later in 2016 and 2017 involved proceeds of a crime for purposes of money laundering under 18 U.S.C. § 1957?

3. Is the calculation of the amount of funds received or obtained by a defendant in payment for services rendered alone sufficient to establish a victim's "loss" for purposes of restitution or sentencing?

Question Presented (AI Summary)

Is proof of misrepresentations sufficient to establish wire fraud or money laundering?

Docket Entries

2023-10-02
Petition DENIED.
2023-06-27
2023-06-21
DISTRIBUTED for Conference of 9/26/2023.
2023-06-07
Brief of respondent United States in opposition filed.
2023-05-03
Motion to extend the time to file a response is granted and the time is extended to and including June 7, 2023.
2023-05-02
Motion to extend the time to file a response from May 8, 2023 to June 7, 2023, submitted to The Clerk.
2023-04-07
Response Requested. (Due May 8, 2023)
2023-04-05
DISTRIBUTED for Conference of 4/21/2023.
2023-03-31
Waiver of right of respondent United States to respond filed.
2023-03-27

Attorneys

Jonathan Dean Davis
Tillman J. BreckenridgeStris & Maher LLP, Petitioner
Jack George Breffney Ternan Jr.Ternan Law Firm, PLLC, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent