Brief filed: 09/06/2022
Ciminelli v. United States
United States Supreme Court; Case No. 21-1170
This case is yet another example of overzealous prosecutors distorting the mail and wire fraud statutes – this time through the so-called “right-to-control” theory. That theory epitomizes the overcriminalization that plagues federal criminal law. It is an atextual invention of prosecutors that criminalizes a staggering amount of run-of-the mill dishonesty traditionally regulated, if at all, by States. And it eviscerates foundational due process protections. This Court has repeatedly rejected similarly aggressive interpretations of federal criminal statutes. The Court should do the same with the right-to-control theory.
Steven F. Molo, MoloLamken LLP, New York, NY; Kenneth E. Notter III, MoloLamken LLP, Chicago, IL; Joshua L. Dratel, NACDL, New York, NY.