Opinion Summary: Kousisis v. United States | Case No. 23-909 | Date Decided: 5/22/25

Link to Docket: Here.

Questions Presented:

1. Whether deception to induce a commercial exchange can constitute mail or wire fraud, even if inflicting economic harm on the alleged victim was not the object of the scheme. Whether a sovereign's statutory, regulatory, or policy interest is a property interest when compliance is a material term of payment for goods or services.
2. Whether all contract rights are "property."

Holding: A defendant who induces a victim to enter into a transaction under materially false pretenses may be convicted of federal fraud even if the defendant did not seek to cause the victim economic loss.

Result: Affirmed.

Voting Breakdown: 9-0. Justice Barrett delivered the opinion of the Court, in which Chief Justice Roberts and Justices Thomas, Alito, Kagan, Kavanaugh and Jackson joined. Justice Thomas filed a concurring opinion. Justice Gorsuch filed an opinion con¬curring in part and concurring in the judgment. Justice Sotomayor filed an opinion concurring in the judgment.

Link to Opinion: Here.

Oral Advocates:

• For Petitioner: Jeffrey L. Fisher, Stanford, Cal.
• For Respondent: Eric J. Feigin, Deputy Solicitor General, Department of Justice, Washington, D.C.

Website Link to Oral Argument: Here.

Apple Podcast Link to Oral Argument: Here.

Timestamps:

00:00 Introduction

00:57 Justice Barrett’s Majority Opinion

09:01 Justice Thomas’ Concurring Opinion

15:22 Justice Gorsuch opinion concurring in part and concurring in the judgment

24:27 Justice Sotomayor opinion concurring in the judgment

00:29:52 Case Implications