Monday, February 3, 2020
Nora V. Demleitner (Washington and Lee University) has posted Can the Federal Government Use the Generic Wire Fraud Statute to Prosecute Public Officials for Corrupt Activities that are Conducted for Political Rather than Private Gain? (18-1059) (Preview of United States Supreme Court Cases, Volume 47, Issue 4, Pages 12-15 (Jan. 13, 2020)) on SSRN. Here is the abstract:
Petitioner and the United States agree that lies may be decisive in this case. How, why, and even which lies, however, are in dispute. Petitioner presents the Court with a broad question about the acceptability of the government’s parsing of motives to obtain a conviction. The government, on the other hand, sets out a workman-like question about whether it met the elements of the offense. Even though petitioner appeals all counts of her conviction, the argument centers largely on the wire fraud statute, 18 U.S.C. § 1343.