No. 25-8

Matthew Clark v. United States

Lower Court: Fifth Circuit
Docketed: 2025-07-02
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2)
Tags: constitutional-challenge criminal-law due-process honest-services statutory-interpretation statutory-vagueness
Latest Conference: 2025-11-07 (distributed 2 times)
Question Presented (from Petition)

I.
Whether the undefined statutory language, "intangible
right of honest services," in 18 U.S.C. § 1346 is
unconstitutionally vague.

II.
Whether the undefined statutory terms, "fictitious sale"
and "not a true and bona fide price," in 7 U.S.C. § 6c(a)
are unconstitutionally vague.

III.
Whether the government's criminal prosecution of
petitioner for insider-trading under 7 U.S.C. § 9(1) and
17 C.F.R. § 180.1 – the first such prosecution in the
United States – violates due process because ordinary
people were not on fair notice at the time of the charged
offense that § 9(1) and § 180.1 made insider-trading in the
commodity futures context a criminal offense.

IV.
Whether the criminal prosecution of petitioner under
§ 9(1) and § 180.1 violates the separation-of-powers
doctrine because (1) Congress may not constitutionally
delegate to an executive agency the power to define
what primary conduct is subject to criminal liability
and (2) § 9(1) does not provide an intelligible principle
for delegation of legislative authority to define criminal
conduct to the Commodity Futures Trading Commission.

Question Presented (AI Summary)

Whether the undefined statutory language 'intangible right of honest services' in 18 U.S.C. § 1346 is unconstitutionally vague

Docket Entries

2025-11-10
Petition DENIED.
2025-10-22
DISTRIBUTED for Conference of 11/7/2025.
2025-10-10
Reply of Matthew Clark submitted.
2025-10-10
2025-10-06
Brief of United States in opposition submitted.
2025-10-06
Brief of respondent United States in opposition filed.
2025-08-29
Motion to extend the time to file a response is granted and the time is extended to and including October 6, 2025.
2025-08-28
Motion of United States for an extension of time submitted.
2025-08-28
Motion to extend the time to file a response from September 4, 2025 to October 6, 2025, submitted to The Clerk.
2025-08-05
Response Requested. (Due September 4, 2025)
2025-07-23
DISTRIBUTED for Conference of 9/29/2025.
2025-07-10
Waiver of United States of right to respond submitted.
2025-07-10
Waiver of right of respondent United States to respond filed.
2025-06-30
Petition for a writ of certiorari filed. (Response due August 1, 2025)

Attorneys

Matthew Clark
Brent Evan Newton — Petitioner
United States
D. John SauerSolicitor General, Respondent
Moez Mansoor KabaHueston Hennigan LLP, Respondent