The Right to Control Is Gone, but What Comes Next?
May 15, 2023 | New York Law Journal
The Supreme Court’s decision in Ciminelli v. United States marks the end of the long-criticized “right to control” theory of wire fraud. Many will be happy to see its demise, but not if it is simply replaced by an arguably broader theory of wire fraud. In this article for the NYLJ, “The Right to Control is Gone, but What Comes Next?” Tom McKay discusses the alternative theory of wire fraud proposed by the government – and left unaddressed by the Court – in Ciminelli, and explores the likely contours of future litigation in this area.
The Right to Control Is Gone, but What Comes Next? (pdf | 133.13 KB)