Bloomberg Law Quotes Brandon Essig on Kousisis SCOTUS Case

December 19, 2024

Bloomberg Law sought insights from Lightfoot, Franklin & White LLC partner and white-collar defense litigator Brandon K. Essig for insights into the United States Supreme Court’s upcoming review of Kousisis v. United States. At issue in the case is how federal enforcement agencies apply the “fraudulent inducement” theory in mail and wire fraud. Bloomberg has previously interviewed Essig on Kousisis.

The case revolves around allegations that a company conspired to defraud the U.S. Department of Transportation and the Pennsylvania Department of Transportation (PennDOT) by misrepresenting a subcontractor as a disadvantaged business enterprise. Despite the deception, PennDOT actually paid less than it otherwise would have. This detail lies at the center of the question before SCOTUS — Can inducing a commercial exchange through deception be considered mail or wire fraud if no economic harm occurred?

Essig, quoted extensively in the article “Supreme Court Case to Test Reach of Mail, Wire Fraud Statutes” (subscription required), focused on what he believes the court’s concern will be.

“All kinds of contracts out there say that representations are material — there are hundreds of thousands of cases litigated in the civil context where the allegations are that the defendant misrepresented a material term,” he told Bloomberg. “Are all of those now amenable to prosecution under the wire fraud statute?”

A seasoned litigator and former assistant U.S. attorney, Essig maintains a robust civil, white-collar criminal defense and investigations practice. He has tried dozens of high-profile jury cases, and his courtroom experience includes civil and criminal trials in state and federal courts and multiple appellate arguments. Essig also handles a diverse docket of civil cases for the firm’s clients in state and federal courts and arbitration forums.