This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.
In brief
Overview
The Supreme Court held that the wire‑fraud statute reaches only traditional property interests and that the Second Circuit’s right‑to‑control theory does not constitute a traditional property interest, so it cannot support a wire‑fraud conviction.
Justice Alito wrote a concurrence stating that the Court declines to affirm Ciminelli’s convictions on any alternative grounds.
Background and question before the Court
The United States prosecuted Ciminelli under the federal wire‑fraud statute, relying solely on the Second Circuit’s right‑to‑control theory, which treats the deprivation of potentially valuable economic information as a form of property fraud.
The Court needed to decide whether the right‑to‑control theory fits within the wire‑fraud statute’s definition of “property”.
What each side argues
Petitioner
The petitioner argued that the Second Circuit’s right‑to‑control doctrine is invalid.
Mr. Dreeben contended that the government can show pecuniary loss and that the case fits a conventional fraud claim.
United States
According to Mr. Feigin, mr. Feigin outlined two main points about the scope of property fraud and how the right‑to‑control doctrine fits within it.
What happened at oral argument
What the Court decided
The majority held that the wire‑fraud statute reaches only traditional property interests and that the right‑to‑control theory is not a traditional property interest, so it cannot support a conviction under the federal fraud statutes.
Justice Alito concurred, stating that the Court declines to affirm the convictions on any alternative grounds.
Why it matters
Terms to know
- right-to-control theory
- A theory of wire fraud where the government shows the defendant schemed to deprive a victim of potentially valuable economic information needed to make discretionary economic decisions.
Primary sources
Read the source materials on the official site or open the immutable repository copy used for this guide.
- 852eda59c828dc2dbf4a-r1-2ca783a60a6f7f1e.pdforal argument transcript
- f122e8b33b9c63e15fe4-r1-e4dc0a4e320a58cf.pdfopinion
Guide generated September 29, 2026. Automated validation accepted this version.