Courthouse Steps Decision: Kousisis v. United States

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In Kousisis v. United States, the Supreme Court considered the question of whether 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. It heard oral argument on December 9, 2024, and on May 22, 2025, issued a unanimous decision authored by Justice Barrett affirming the lower court's holding that the defendant could be convicted of federal fraud.

Although the Court was unanimous, there are an array of opinions. Justice Thomas filed a concurring opinion, Justice Gorsuch authored an opinion concurring in part and concurring in judgment, and Justice Sotomayor wrote to concur in judgment.

Join us for a Courthouse Steps program where we will discuss the decision and the potential ramifications of the case.

Featuring:

  • Brandon Moss, Partner, Wiley Rein

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.