No. 23-909
Stamatios Kousisis and Alpha Painting and Construction Co., Inc. v. United States
Tags: civil-rights commercial-exchange contract contract-law due-process mail-fraud property property-rights sovereign-interest wire-fraud
Latest Conference:
2024-06-13
(distributed 3 times)
Question Presented (from Petition)
Whether deception to induce a commercial exchange can constitute mail or wire fraud, even if inflicting economic harm on the alleged victim was not the object of the scheme.
Whether a sovereign's statutory, regulatory, or policy interest is a property interest when compliance is a material term of payment for goods or services.
Whether all contract rights are "property."
Question Presented (AI Summary)
Whether deception to induce a commercial exchange can constitute mail or wire fraud, even if inflicting economic harm on the alleged victim was not the object of the scheme
Docket Entries
2025-08-05
Record returned to the United States Court of Appeals for the Third Circuit.
2025-06-23
Judgment Issued.
2025-05-22
Adjudged to be AFFIRMED. Barrett, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, Kagan, Kavanaugh, and Jackson, JJ., joined. Thomas, J., filed a concurring opinion. Gorsuch, J., filed an opinion concurring in part and concurring in the judgment. Sotomayor, J., filed an opinion concurring in the judgment.
2024-12-09
Argued. For petitioners: Jeffrey L. Fisher, Stanford, Cal. For respondent: Eric J. Feigin, Deputy Solicitor General, Department of Justice, Washington, D. C.
2024-11-01
Reply of petitioners Stamatios Kousisis, et al. filed. (Distributed)
2024-11-01
Reply of Kousisis, et al. submitted.
2024-10-31
Record received electronically from the United States Court of Appeals for the Third Circuit and available with the Clerk. Sealed material from the United States Court of Appeals for the Third Circuit available with the Clerk (one envelope).
2024-10-22
CIRCULATED
2024-10-22
Record requested from the United States Court of Appeals for the Third Circuit.
2024-10-18
SET FOR ARGUMENT on Monday, December 9, 2024.
2024-10-02
Brief of respondent United States filed.
2024-08-26
Brief amicus curiae of Moshe Porat filed.
2024-08-26
Brief amici curiae of The National Association of Criminal Defense Lawyers; The Cato Institute filed.
2024-08-26
Brief amicus curiae of Due Process Institute filed.
2024-08-26
Amicus brief of Moshe Porat submitted.
2024-08-26
Amicus brief of Due Process Institute submitted.
2024-08-19
Joint Appendix submitted.
2024-08-19
Joint appendix filed. (Statement of costs filed)
2024-08-19
Brief of petitioners Kousisis, et al. filed.
2024-08-19
Brief of Kousisis, et al. submitted.
2024-07-09
Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 19, 2024. The time to file respondent's brief on the merits is extended to and including October 2, 2024.
2024-07-08
Motion for an extension of time to file the briefs on the merits filed.
2024-07-08
Motion of Kousisis, et al. for an extension of time submitted.
2024-06-17
Petition GRANTED.
2024-06-10
DISTRIBUTED for Conference of 6/13/2024.
2024-06-03
DISTRIBUTED for Conference of 6/6/2024.
2024-05-29
Rescheduled.
2024-05-14
DISTRIBUTED for Conference of 5/30/2024.
2024-05-10
Reply of petitioners Kousisis, et al. filed. (Distributed)
2024-04-24
Brief of respondent United States in opposition filed.
2024-03-25
Brief amici curiae of Cato Institute, et al. filed.
2024-03-07
Motion to extend the time to file a response is granted and the time is extended to and including April 24, 2024.
2024-03-06
Motion to extend the time to file a response from March 25, 2024 to April 24, 2024, submitted to The Clerk.
2024-02-20
Petition for a writ of certiorari filed. (Response due March 25, 2024)
2024-01-18
Application (23A538) granted by Justice Alito extending the time to file until February 19, 2024.
2024-01-04
Application (23A538) to extend further the time from January 19, 2024 to February 19, 2024, submitted to Justice Alito.
2023-12-12
Application (23A538) granted by Justice Alito extending the time to file until January 19, 2024.
2023-12-08
Application (23A538) to extend the time to file a petition for a writ of certiorari from December 21, 2023 to January 19, 2024, submitted to Justice Alito.
Attorneys
Due Process Institute
John D. Cline — Law Office of John D. Cline, Amicus
Kousisis, et al.
Lisa Ann Mathewson — Mathewson Law LLC, Petitioner
Jeffrey L. Fisher — O'Melveny & Myers LLP, Petitioner
Moshe Porat
The Cato Institute, Due Process Institute and The National Association of Criminal Defense Lawyers
Lawrence S. Lustberg — Gibbons P.C., Amicus
The National Association of Criminal Defense Lawyers; The Cato Institute
Steven Francis Molo — MoloLamken LLP, Amicus
United States
D. John Sauer — Solicitor General, Respondent
Elizabeth B. Prelogar — Respondent
Sarah M. Harris — Acting Solicitor General, Respondent