Kousisis v. United States

Brief of the National Association of Criminal Defense Lawyers and the Cato Institute as Amici Curiae in Support of Petitioners

Brief filed: 08/26/2024

Documents

Kousisis v. United States

United States Supreme Court; Case No. 23-909

Argument(s)

This case is another example of prosecutors distorting the property fraud statutes – this time through the so called “fraudulent inducement” theory. As petitioners explain, that theory defies text and precedent. The property fraud statutes do not criminalize – and have never criminalized – every deception that induces someone to enter into a transaction. Those statutes reach only schemes that, if successful, would inflict economic harm. To hold otherwise would erode core constitutional values and exacerbate the overcriminalization that plagues federal criminal law.

Author(s)

Eric R. Nitzm and Kenneth E. Notter III, MoloLamken LLP, Washington, DC; Steven F. Molo, MoloLamken LLP, New York, NY; Joshua L. Dratel, Dratel & Lewis, New York, NY

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