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Supreme Court: Statements Made to FDIC Need to Be “False,” Not Just “Misleading”

By Elkan Abramowitz and Jonathan Sack
May 31, 2025

And the beat goes on, the beat goes on … .” — Sonny and Cher (1967) 

The Supreme Court is facing a barrage of urgent and challenging questions. We do not know how the Supreme Court will decide these questions, or how divided the court will be.

But we can be certain, or nearly so, of one thing in the Supreme Court: when it comes to white-collar criminal statutes, the court will almost certainly choose a narrow reading, and it will often do so with unanimity — even in the current polarized environment.

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