U.S. Supreme Court,
Criminal,
Corporate
Oct. 5, 2016
Bank fraud case shows the importance of charging decisions
On Tuesday, the U.S. high court will hear arguments in a case that shows how crucial charging decisions can be.
Michael M. Farhang
Partner
Gibson Dunn & Crutcher LLP
Email: mfarhang@gibsondunn.com
Michael is a former federal prosecutor and a partner in the firm's Los Angeles office. He is a Chambers-ranked attorney and practices in the White Collar Defense and Investigations and Securities Litigation Practice Groups.
This week, the U.S. Supreme Court will take up Shaw v. United States, another in a line of cases testing the outer limits to which prosecutors may stretch federal criminal statutes to penalize fraud schemes. Recent Supreme Court decisions have raised the question of whether the government has "overcriminalized" certain conduct by extending the application of certain oft-used criminal statutes into questionable areas, including the honest services fraud statute (Skilling v. Uni...
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