No. 25-5576

Nadege Auguste v. United States

Lower Court: Eleventh Circuit
Docketed: 2025-09-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: circuit-split criminal-procedure federal-statute money-or-property right-to-control wire-fraud
Latest Conference: 2025-10-17
Question Presented (from Petition)

I. Do employment and its employee benefits constitute the "money or property" of the employer for the purpose of the federal wire fraud statute, 18 U.S.C. § 1343?

II. Did the indictment underlying Eleventh Circuit Case No. 24-10741 and the superseding information underlying Eleventh Circuit Case No. 24-10757 proceed on the "right to control" theory of "money or property" under the federal wire fraud statute, which theory was rejected in Ciminelli v. United States, 598 U.S. 306 (2023), and Kousisis v. United States, __ U.S. ___, 145 S. Ct. 1382 (2025)?

Question Presented (AI Summary)

Whether employment and its employee benefits constitute 'money or property' under the federal wire fraud statute, 18 U.S.C. § 1343, and whether concealment of fraudulent credentials involves a rejected 'right to control' theory

Docket Entries

2025-10-20
Petition DENIED.
2025-10-02
DISTRIBUTED for Conference of 10/17/2025.
2025-09-24
Waiver of United States of right to respond submitted.
2025-09-24
Waiver of right of respondent United States to respond filed.
2025-07-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 8, 2025)

Attorneys

Nadege Auguste
Lawrence Richard MetschMetschlaw, P.A., Petitioner
United States
D. John SauerSolicitor General, Respondent