Binday v. United States

Brief of the National Association of Criminal Defense Lawyers, New York State Association of Criminal Defense Lawyers, and New York Council of Defense Lawyers as Amici Curiae in Support of Petitioner (on Petition for Writ of Certiorari).

Brief filed: 04/13/2016


Binday v. United States

United States Supreme Court; Case No. 15-1140

Prior Decision

Decision below United States v. Binday, 804 F.3d 558 (2d Cir. Oct. 26, 2015).


A defendant does not "obtain" property by depriving the victim of his "right to control" property. The decision below exemplifies a broader pattern of overcriminalization through expansive interpretation of federal criminal laws. The Second Circuit's reading of the federal criminal fraud statutes conflicts with the rule of lenity and clear statement principles.

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Jonathan D. Hacker and Deanna M. Rice, O'Melveny & Myers LLP, Washington, DC; Anton Metlitsky, O'Melveny & Myers LLP, New York, NY; Jeffrey T. Green, Washington, DC.