Law360: Supreme Court Reins In Corruption Prosecutions Yet Again
May 11, 2023
A decision was issued today by the US Supreme Court in Ciminelli v. United States, reversing the fraud conviction of Louis Ciminelli, Buffalo real estate developer. Ciminelli was convicted of defrauding the public in relation to the “Buffalo Billion” project following the Second Circuit's use of the “right of control theory.’ Justice Clarence Thomas stated that the “right-to-control theory cannot form the basis for a conviction under the federal fraud statutes.” Ciminelli is represented by Michael Dreeben, Jenya Godina, Jason Zarrow, and L. Nicole Allan of O’Melveny & Myers LLP.
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