NACDL - Binday v. United States

Binday v. United States

Brief of the National Association of Criminal Defense Lawyers, New York State Association of Criminal Defense Lawyers, and New York Council of Defense Lawyers as Amici Curiae in Support of Petitioner (on Petition for Writ of Certiorari).

Binday v. United States

Brief Details

Case No.: 15-1140
Brief Filed: April 13, 2016
Jurisdiction: United States Supreme Court

Key Topics in the Brief

Rule of Lenity | Statutory Interpretation | Federal Mail and Wire Fraud | Prosecutorial Overreach | Clear Statement Principles

Briefs

Binday-v-United-States-Amicus.pdf

Prior Decision

Decision below United States v. Binday, 804 F.3d 558 (2d Cir. Oct. 26, 2015).

Argument(s)

A defendant does not "obtain" property by depriving the victim of his "right to control" property. The decision below exemplifies a broader pattern of overcriminalization through expansive interpretation of federal criminal laws. The Second Circuit's reading of the federal criminal fraud statutes conflicts with the rule of lenity and clear statement principles.

Author(s)

Jonathan D. Hacker and Deanna M. Rice, O'Melveny & Myers LLP, Washington, DC; Anton Metlitsky, O'Melveny & Myers LLP, New York, NY; Jeffrey T. Green, Washington, DC.