Kousisis v. United States

Brief of Amici Curiae the Cato Institute, the National Association of Criminal Defense Lawyers, Americans for Prosperity Foundation, and Due Process Institute in Support of Petitioner-Appellant.

Brief filed: 11/10/2020


Kousisis v. United States

3rd Circuit Court of Appeals; Case No. 19-3679

Prior Decision

Decision below 2019 WL 4126484 (E.D.Pa. June 17, 2019)


The Supreme Court has consistently rejected attempts to apply the federal criminal property fraud statutes beyond their clearly intended and expressed scope. Applying the federal criminal property fraud statutes to breaches of contractual provisions like the DBE requirement would violate the fundamental principles regarding notice, federalism, and avoiding overcriminalization that motivate the Supreme Court’s decisions.


Lawrence S. Lustberg and Thomas R. Valen, Gibbons P.C., Newark, NJ; Alan Silber, NACDL, Hackensack, NJ.

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