Wednesday, October 16, 2013

Supreme Court Denies Certiorari in Coplan (10/16/13)

The Supreme Court has denied certiorari in United States v. Coplan, 703 F.3d 46 (2d Cir. 2012).  See Supreme Court docket entries here.  The key issue presented on certiorari was whether the scope of the defraud / Klein conspiracy had impermissibly expanded beyond the scope of the criminal conspiracy statute's text.  See 18 USC 371, here.  The Second Circuit panel majority had questioned whether the expansion was appropriate but was constrained by the fact that the expansion was based on Supreme Court authority.  Only the Supreme Court could overrule the expansion, and it chose not to even address the issue.

For prior blogs on this aspect of Coplan, see:

  • Petition for Certiorari Seizing the Gauntlet Laid Down by the Second Circuit Majority Panel to Question the Klein Conspiracy (Federal Tax Crimes Blog 5/2/13), here.
  • Coplan #1 - Panel Questions Validity of Klein Conspiracy (Federal Tax Crimes Blog 12/1/12), here.


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