The High Court Report

Oral Argument: Kousisis v. United States | Case No. 23-909 | Date Argued: 12/9/24 | Date Decided: 5/22/25


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Case Info: Kousisis v. United States | Case No. 23-909 | Date Argued: 12/9/24 | 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 petitioners: Jeffrey L. Fisher, Stanford, Cal.
  • For respondent: Eric J. Feigin, Deputy Solicitor General, Department of Justice, Washington, D.C.

Website Link to Opinion Summary: Here.

Apple Podcast Link to Opinion Summary: Here.

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