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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).
Argument: 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.