United States v. Shetty

Brief of Amicus Curiae National Association of Criminal Defense Lawyers in Support of Defendant’s Motion to Dismiss

Brief filed: 08/12/2024

Documents

United States v. Shetty

W.D. Wash.; Case No. 2:23-cr-00084-TL

Argument(s)

For decades, the Supreme Court has steered a consistent campaign to rein in over-broad constructions of the federal fraud statutes like the interpretation the government urges this Court to adopt. The Supreme Court has intervened again and again—often unanimously—to check overzealous prosecutors’ attempts to criminalize purportedly fraudulent conduct that falls outside the lines Congress has drawn. Amicus National Association of Criminal Defense Lawyers (NACDL) believes this case reflects yet another improper attempt by the government to stretch the wire-fraud statute beyond its breaking point. In this instance, the government is attempting to criminalize an allegedly selfinterested investment decision made by an executive with the authority to make such an investment—simply because he allegedly did not disclose complete and accurate information to others at the company. That is not wire fraud, as evidenced by the governments’ moving-target attempts to characterize the purported criminality. And even if the Court ultimately concludes that this case falls within the grey area of the fraud statute’s ambit, it should nevertheless dismiss as a matter of statutory interpretation, due process, and lenity.

Author(s)

James Anglin Flynn, Orrick, Herrington & Sutcliffe LLP, Boston, MA; Aaron Brecher, Orrick, Herrington & Sutcliffe LLP, Seattle, WA

Explore keywords to find information

RECENTLY ADDED & UPCOMING

  1. The Champion
    /Nacdl/media/image_library/StayInformed/Champion/ChampionCovers/March-April-2025.jpg?ext=.jpg

    March/April 2025

    What are the evidentiary implications of field sobriety tests in marijuana cases? Does the odor of marijuana give officers probable cause to search a vehicle?

  2. Amicus Brief
    /Nacdl/media/image_library/Elements/global/amicus.png

    Jenner & Block LLP v. U.S. Department of Justice

    Brief of the National Association of Criminal Defense Lawyers and New York Council of Defense Lawyers as Amici Curiae in Support of Plaintiff’s Motion for Summary Judgment.

  3. News Release
    /Nacdl/media/image_library/Elements/global/newsrelease.png

    News Release ~ Law Enforcement Executive Order

    NACDL Warns Executive Order's Dangerous Overreach Undermines Community Safety and Trust in Police – Washington, DC (April 29, 2025) – The National Association of Criminal Defense Lawyers (NACDL) expressed deep concern regarding the Executive Order titled "Strengthening and Unleashing America’s Law Enforcement to Pursue Criminals and Protect Innocent Citizens," cautioning that several of its proposals represent a dangerous overreach that undermines these goals by jeopardizing individual rights and the legitimacy of law enforcement in the eyes of the community.

  4. Event
    /Nacdl/media/image_library/Learn/nacdlcleinstitute/2025_Post-Dobbs_Trial_Tactics_2025-02-26_v02_Event-Listing_2.jpg?ext=.jpg

    Trial Tactics for Pregnancy-Related Cases: Skills for Every Defender

    LOCATION: The University of Texas School of Law, Austin, TX
    DATE: May 16-17, 2025
    COST: FREE (registration is required)
    CLE Credit: Up to 14.5 credits 

  5. Webinar
    /assets/img/nacdl_og.png

    Collaborative Approaches to Appellate Defense: Recognizing Clients' Legal Expertise

    WHEN: Thursday, May 8, 3:00-4:30pm ET / 12:00-1:30pm PT
    CLE CREDIT: not available
    COST: Free

Featured Products