Loughrin v. United States
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 13-316 | 10th Cir | Apr 1, 2014 | Jun 23, 2014 | 9-0 | Kagan | OT 2013 |
Holding: A conviction under 18 U.S.C. " 1344(2), which makes it a crime to "knowing execut[e] a scheme " to obtain " property owned by, or under the custody of, a bank "by means of false or fraudulent pretenses," does not require the government to prove that a defendant intended to defraud a financial institution.
Judgment: Affirmed on June 23, 2014. Justices Scalia and Thomas join the opinion as to Parts I and II, Part III-A except the last paragraph, an the last footnote of Part III-B. Justice Scalia filed an opinion concurring in part and concurring in the judgment, in which Justice Thomas joined. Justice Alito filed an opinion concurring in part and concurring in the judgement.
SCOTUSblog Coverage
- Opinion analysis: Court clarifies reach of federal bank fraud while leaving some questions for future (Rory Little, June 23, 2014)
- A view from the Court: Bar admissions, but no blockbusters (Mark Walsh, June 23, 2014)
- Argument report: Reach of the federal bank fraud statute remains unclear (Rory Little, April 3, 2014)
- Argument preview: No April Fools Even after thirty years, the reach of the federal bank fraud statute is hard to predict (Rory Little, March 31, 2014)
- Petition of the day (Mary Pat Dwyer, December 13, 2013)
- Court grants two new cases (UPDATED) (Lyle Denniston, December 13, 2013)
| Date | Proceedings and Orders |
|---|---|
| 09/09/2013 | Petition for a writ of certiorari filed. (Response due October 11, 2013) |
| 10/01/2013 | Order extending time to file response to petition to and including November 12, 2013. |
| 11/15/2013 | Order further extending time to file response to petition to and including November 18, 2013. |
| 11/18/2013 | Brief of respondent United States in opposition filed. |
| 11/25/2013 | Reply of petitioner Kevin Loughrin filed. |
| 11/26/2013 | DISTRIBUTED for Conference of December 13, 2013. |
| 12/13/2013 | Petition GRANTED. |
| 01/08/2014 | SET FOR ARGUMENT ON Tuesday, April 1, 2014 |
| 01/14/2014 | Record received from U.S.C.A. 10th Circuit, part of the record is electronic and located on PACER. The other part of the record received in one envelope is SEALED. |
| 01/27/2014 | Joint appendix filed. |
| 01/27/2014 | Brief of petitioner Kevin Loughrin filed. |
| 02/03/2014 | CIRCULATED. |
| 02/03/2014 | Brief amicus curiae of National Association of Criminal Defense Lawyers filed. (Distributed) |
| 02/26/2014 | Brief of respondent United States filed. (Distributed) |
| 03/18/2014 | Reply of petitioner Kevin Loughrin filed. (Distributed) |
| 04/01/2014 | Argued. For petitioner: Kevin K. Russell, Washington, D. C. For respondent: Anthony A. Yang, Assistant to the Solicitor General, Department of Justice, Washington, D. C. |
| 06/23/2014 | Adjudged to be AFFIRMED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Ginsburg, Breyer, and Sotomayor, JJ., joined, and in which Scalia and Thomas, JJ., joined as to Parts I and II, Part III-A except the last paragraph, and the last footnote of Part III-B. Scalia, J., filed an opinion concurring in part and concurring in the judgment, in which Thomas, J., joined. Alito, J., filed an opinion concurring in part and concurring in the judgment. |
| 07/25/2014 | JUDGMENT ISSUED. |
| 07/29/2014 | Record returned for U.S.C.A. for 10th Circuit. |
Disclosure: Kevin Russell of Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel to the petitioner in this case.
Issue: Whether the government must prove that the defendant intended to defraud a bank and expose it to risk of loss in every prosecution under 18 U.S.C. ” 1344.