Kousisis v. United States
View Official PDFBelow are plain-language sections to help you understand what the Court decided in Kousisis v. United States and why it matters. Quotes are taken from the syllabus (the Court’s short summary at the start of the opinion).
Summary
A short, plain-English overview of Kousisis v. United States.
The Supreme Court affirmed the Third Circuit's decision, holding that a defendant can be convicted of federal fraud if they induce a transaction under materially false pretenses, even without seeking to cause economic loss. The case involved Kousisis and Alpha Painting, who falsely represented compliance with disadvantaged-business requirements to secure contracts. The Court clarified that the fraudulent-inducement theory is consistent with the wire fraud statute.
Holding
The single most important “bottom line” of what the Court decided in Kousisis v. United States.
The Court held that 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.
Constitutional Concepts
These are the Constitution-related themes that appear in Kousisis v. United States. Click a concept to see other cases that involve the same idea.
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Why Judicial Review is relevant to Kousisis v. United States
The Court's decision involves interpreting the federal wire fraud statute and determining the scope of its application, which is a function of judicial review.
Syllabus excerpt (verbatim)Held: 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.
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Why Procedural Due Process is relevant to Kousisis v. United States
The case involves the procedural aspect of what constitutes sufficient grounds for a federal fraud conviction, which relates to procedural due process.
Syllabus excerpt (verbatim)The Government charged Alpha and Kousisis with wire fraud and conspiracy to commit the same...the fraudulent-inducement theory is consistent with both the text of § 1343 and this Court's precedent.
Key Quotes
Short excerpts from the syllabus in Kousisis v. United States that support the summary and concepts above.
A defendant who induces a victim to enter into a transaction under materially false pretenses may be convicted of federal fraud.
The text of § 1343 does not mention economic loss, let alone require it.
The fraudulent-inducement theory is consistent with both the text of § 1343 and this Court's precedent.
