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A Second Circuit panel’s decision in 2019 in United States v. Blaszczak, 947 F.3d 19 (2d Cir. 2019), held that a government agency’s confidential information can constitute “property” for purposes of federal criminal fraud statutes. That holding, which was the subject of a dissent by Judge Amalya Kearse, was undermined by the Supreme Court’s subsequent unanimous decision reversing the convictions in the George Washington Bridge case, Kelly v. United States, 140 S.Ct. 1565 (2020), which held that “a scheme to alter … a regulatory choice is not one to appropriate the government’s property.” Days before Thanksgiving, the United States Solicitor General’s office responded to defendants’ petitions for certiorari in Blaszczak. The government agreed that the Supreme Court should vacate the panel’s decision, and suggested a remand for further consideration in light of the intervening decision in Kelly. [Editor’s Note: For more on the “Bridgegate” case, see Gary Stein’s article in this issue.]
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Not-So-Incidental Byproducts of 'Kelly'
By Gary Stein
Early returns are in, and they indicate that the Supreme Court’s decision in the so-called “Bridgegate” case will be an effective tool for pruning the wild overgrowth that has built up around the federal fraud statutes.
Equal Justice Should Apply to All, Including the President’s Friends
By Harry Sandick and Jacob Tuttle Newman
This article considers certain positions taken by DOJ in cases involving Roger Stone, Michael Flynn and the subpoenas duces tecum issued by the New York District Attorney’s Office in connection with its investigation into the Trump Organization.
Defending Attorneys Against Extortion Charges Presents Unique Challenges
By Bradley A. Marcus
Although the criminal prosecution of lawyer misconduct is nothing new, the recent indictment of a plaintiffs’ lawyer in Maryland and sentencing of two plaintiffs’ lawyers in Virginia illustrate the particular danger to attorneys who arguably cross the line during negotiations with potential litigation counterparties.
Implications of a More Conservative Supreme Court for White-Collar Practitioners
By Robert J. Anello and Richard F. Albert
A review of recent decisions of the Roberts court and of decisions in which Barrett participated during her limited tenure on the U.S. Court of Appeals for the Seventh Circuit provides some hints regarding how the Supreme Court’s future decisions may affect the law relevant to white-collar criminal practice.
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