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United States Leading Case uncategorised

Ciminelli v United States (Property Fraud)

598 U.S. 306 (2023)
JurisdictionUnited States
CourtUS Supreme Court
Year2023
StatusBinding authority

Summary

The right-to-control theory cannot sustain a federal fraud conviction; property fraud requires deprivation of a traditional property interest.

Key Principle

The right to control theory cannot support a federal fraud conviction; property fraud requires proof the victim was deprived of a traditional property interest.

Area of Law

criminal

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Search warrant executed at journalist's home held invalid for technical defects; High Court considered scope of implied freedom of political communication but declined to quash the warrant on that basis.

De Silva v The Queen (2019) 268 CLR 57

The High Court considered the Browne v Dunn rule and the appropriate jury directions when a party fails to cross-examine a witness on a matter it intends to contradict.

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