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.
In Kousisis v. United States, the Supreme Court addressed whether a defendant can be convicted of federal fraud under 18 U.S.C. § 1343 without intending to cause economic loss to the victim. Petitioners Kousisis and Alpha Painting and Construction Co. were charged with wire fraud for misrepresenting compliance with disadvantaged business requirements in contracts with PennDOT. The Court affirmed the Third Circuit's decision, holding that inducing a transaction through materially false pretenses can constitute wire fraud, even if no economic loss was intended.
Holding
The single most important “bottom line” of what the Court decided in Kousisis v. United States.
The Court held that a defendant may be convicted of federal fraud for inducing a transaction under materially false pretenses, even if there was no intent to cause economic loss to the victim.
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 Due Process is relevant to Kousisis v. United States
The case involves the interpretation of federal fraud statutes and the legal standards for conviction, which are related to procedural due process rights.
Syllabus excerpt (verbatim)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 Federalism is relevant to Kousisis v. United States
The case involves federal fraud statutes and their application to state contracts, implicating the balance of power between federal and state governments.
Syllabus excerpt (verbatim)The Government charged Alpha and Kousisis with wire fraud and conspiracy to commit the same. 18 U. S. C. §§ 1343, 1349.
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 even if the defendant did not seek to cause the victim economic loss.
The text of § 1343 does not mention economic loss, let alone require it.
The fraudulent-inducement theory does not risk turning every misrepresentation designed to induce a transaction into property fraud.