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Federal Criminal Law

Loughrin v. United States - Post-Decision SCOTUScast

SCOTUScast 7-15-14 featuring Todd Braunstein
Todd F. Braunstein July 15, 2014

On June 23, 2014, the Supreme Court issued its decision in Loughrin v. United States. The question in this case is whether the government must prove that a defendant intended to defraud a bank and expose it to risk of loss in every prosecution under 18 U.S.C. § 1344, or whether the government need only prove that a defendant knowingly attempted to defraud someone “to obtain any of the moneys, funds, credits, assets, securities, or other property owned by, or under the custody or control of, a financial institution, by means of false or fraudulent pretenses, representations, or promises.”

Justice Kagan delivered the opinion of the Court, which held that the government does not need to prove that a defendant charged with violating 18 U. S. C.§1344(2) intended to defraud a bank. The judgment of the Tenth Circuit was affirmed. Justice Kagan's opinion was joined in full by the Chief and Justices Kennedy, Ginsburg, Breyer, and Sotomayor. Justices Scalia and Thomas also joined as to Parts I and II, Part III–A except the last paragraph, and the last footnote of Part III–B. In addition, Justice Scalia, joined by Justice Thomas, concurred in part and in the judgment.  Justice Alito filed a separate concurrence in part and in the judgment.

To discuss the case, we have Todd Braunstein, who is counsel at the law firm WilmerHale.

Keynote Remarks by Senator Sheldon Whitehouse and Commissioner Rachel Barkow - Event Audio/Video

Criminal Law and the Administrative State: Defining and Enforcing Regulatory Crimes
Sheldon Whitehouse, Rachel Barkow, Caroline Fredrickson, William N. Shepherd June 11, 2014

Rachel BarkowThe Administrative Conference, together with The Federalist Society, the American Bar Association's Criminal Justice and Administrative Law and Regulatory Practice Sections, and the American Constitution Society, hosted a workshop entitled "Criminal Law and the Administrative State: Defining and Enforcing Regulatory Crimes". Senator Sheldon Whitehouse of Rhode Island and U.S. Sentencing Commissioner Rachel Barkow delivered some keynote remarks at the close of the workshop.

Keynote Remarks
5:15 PM

  • Hon. Sheldon Whitehouse, United States Senator (RI)
  • Introduction: Caroline Fredrickson, President, American Constitution Society
     
  • Hon. Rachel E. Barkow, United States Sentencing Commison
  • Introduction: William N. Shepherd, Partner, Holland & Knight LLP

Hart Senate Office Building
Washington, DC

Agency Enforcement and Prosecution of Regulatory Crimes - Event Audio/Video

Criminal Law and the Administrative State: Defining and Enforcing Regulatory Crimes
Kate Andrias, Matthew S. Axelrod, James R. Copland, Rena I. Steinzor, Richard Bierschbach June 11, 2014

The Administrative Conference, together with The Federalist Society, the American Bar Association's Criminal Justice and Administrative Law and Regulatory Practice Sections, and the American Constitution Society, hosted a workshop entitled "Criminal Law and the Administrative State: Defining and Enforcing Regulatory Crimes". This panel on "Agency Enforcement and Prosecution of Regulatory Crimes" was recorded on May 13, 2014, at the Hart Senate Office Building in Washington, DC.

Panel Two: Agency Enforcement and Prosecution of Regulatory Crimes
4:00 PM

  • Kate Andrias, Michigan Law
  • Matthew S. Axelrod, Cohen Milstein Sellers & Toll, PLLC
  • James R. Copland, Manhattan Institute
  • Rena Steinzor, University of Maryland Law
  • Moderator: Richard A. Bierschbach, Cardozo Law

Hart Senate Office Building
Washington, DC

Keynote Remarks by Senator Mike Lee - Event Audio/Video

Criminal Law and the Administrative State: Defining and Enforcing Regulatory Crimes
Michael S. Lee, William N. Shepherd June 11, 2014

Mike S. LeeThe Administrative Conference, together with The Federalist Society, the American Bar Association's Criminal Justice and Administrative Law and Regulatory Practice Sections, and the American Constitution Society, hosted a workshop entitled "Criminal Law and the Administrative State: Defining and Enforcing Regulatory Crimes". Senator Mike Lee of Utah delivered some keynote remarks during the workshop.

Keynote Remarks
3:30 PM

  • Hon. Michael S. Lee, United States Senator (UT)
  • Introduction: William N. Shepherd, Partner, Holland & Knight LLP

Hart Senate Office Building
Washington, DC