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SCOTUS Announces ‘Right-to-Control’ Theory Not Valid Basis for Liability Under Federal Wire Fraud Statutes

Loaded on June 15, 2023 by Richard Resch published in Criminal Legal News July, 2023, page 14
Filed under: Immunity/Liability, Immediate Control, Affirmative Defenses. Location: New York.

by Richard Resch

The Supreme Court of the United States (“SCOTUS”) held that the “right-to-control” theory of liability, which imposes liability for depriving the victim of “potentially valuable economic information … necessary to make discretionary economic decisions,” is not a valid basis for liability under the federal wire fraud statutes ...

 

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More from this issue:

  1. The Inevitability of Central Bank Digital Currencies and Their Threat to Human Rights, by Anthony Accurso
  2. SCOTUS Announces ‘Right-to-Control’ Theory Not Valid Basis for Liability Under Federal Wire Fraud Statutes, by Richard Resch
  3. Texas Court of Criminal Appeals: Trial Court Deprived Defendant of Opportunity to Present Complete Defense, by Douglas Ankney
  4. SCOTUS: Honest-Services Fraud Jury Instructions Regarding Private Citizen Too Vague, by Richard Resch
  5. New Commission in Georgia Will Discipline and Remove Prosecutors Who Are Seen as Not Tough Enough on Crime, by Jo Ellen Nott
  6. Fifth Circuit: Placing Jacket Within Fenced-In Area of Home in Presence of Police Evidences Clear Intent Not to Abandon It, Warrantless Search Violates Fourth Amendment Rights, by Richard Resch
  7. California Court of Appeal Reiterates ‘Three Strikes’ Law Does Not Limit ‘Presentence’ Custody Credits, Defendant Entitled to Credits Calculated Under Penal Code § 4019, by Douglas Ankney
  8. Ninth Circuit: Government’s Inflammatory Arguments in Sentencing Memorandum and at Sentencing Hearing Implicitly Breached Plea Agreement Promise Not to Recommend Sentence in Excess of Low-End Guidelines Range, by Douglas Ankney
  9. Georgia Supreme Court Announces Overruling Longstanding Rule That Anything Filed by Defendant While Represented by Counsel Is Always a ‘Legal Nullity’, by Douglas Ankney
  10. Fourth Circuit: Denial of Motion for Compassionate Release Abuse of Discretion Where District Court Failed to Properly Address Numerous Health Issues, Advanced Age, and Relevant § 3553(a) Factors, by Douglas Ankney
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  13. Fourth Circuit: Counsel Ineffective for Failing to Raise Change in Sentencing Precedent Following Remand, by David Reutter
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  15. First Circuit: Plain Error Where District Court Based Upward Variant From Sentencing Guidelines Range on New Information Not Already in the Record at the Time of Sentencing, by Douglas Ankney
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  20. Banishment: Using an Ancient Solution to Address a Modern Problem, by Benjamin Tschirhart
  21. Police Can Get More From Your Phone Than You May Believe, by Michael Thompson
  22. Civilian Police With Military Equipment, by Edward Lyon
  23. Cops Aren’t Just Murdering People With Impunity – They Also Conduct Bogus Traffic Stops, by Anthony Accurso
  24. Inspector General Report: FBI Routinely Abused Access to Private Communications, by Eike Blohm, MD
  25. New Orleans Authorizes Facial Recognition to Identity Suspects, by Michael Thompson
  26. Financial Pressure Finally Brings Police Reform, by Jayson Hawkins
  27. The ACLU Calls for a Moratorium on Blanket Recording of ALPR Footage, by Kevin Bliss
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  34. Louisiana Jury Selection Illegal According to Recently Passed Bill, by Kevin Bliss
  35. News in Brief

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