October Term 2000 · Docket 99-804
Does issuing a license count as parting with property under federal mail fraud law?
The dispute centers on whether a state or municipality parts with property when it issues a license.
Verified source milestones
- — An official oral-argument transcript was verified.
The arguments, in order
This case may have been argued more than once. Each entry below uses that session's official transcript. Later arguments do not erase earlier ones.
Argument 1 ·
What happened at the argument
Mr. Mogin stated the core issue is whether issuing a license counts as parting with property.
Mr. Dreeben asserted that a video poker license is property for both the state and the licensee.
Mr. Dreeben claimed the side that brought the case's scheme violates both clauses of the mail fraud statute.
Read the official transcript for this argument · Official argument details
Sources used for this argument breakdown
- Official Supreme Court Transcript — file page 17, lines 3-3 — Transcript, file page 17, lines 3-3
- Official Supreme Court Transcript — file page 3, lines 17-43 — Transcript, file page 3, lines 17-43
- Official Supreme Court Transcript — file page 3, lines 5-15 — Transcript, file page 3, lines 5-15
- Official Supreme Court Transcript — file page 45, lines 29-31 — Transcript, file page 45, lines 29-31
A citizen's guide to the whole case
What this case is about
This case tests the scope of the federal mail fraud statute. It asks if government-issued licenses qualify as property for fraud purposes.
Official sources for this section
- Official Supreme Court Transcript — file page 17, lines 3-3 — Transcript, file page 17, lines 3-3
- Official Supreme Court Transcript — file page 3, lines 17-43 — Transcript, file page 3, lines 17-43
How the case got here
The Supreme Court heard oral argument in this case on October 10, 2000.
Official sources for this section
- Official Supreme Court Transcript — file page 3, lines 5-15 — Transcript, file page 3, lines 5-15
What each side wants
the side that brought the case wants the conviction overturned because issuing a license is not parting with property.
The government wants the conviction upheld because a license is property in both hands.
Official sources for this section
- Official Supreme Court Transcript — file page 17, lines 3-3 — Transcript, file page 17, lines 3-3
- Official Supreme Court Transcript — file page 3, lines 17-43 — Transcript, file page 3, lines 17-43
What each side says
Mr. Mogin argues that a state does not part with property when it issues a license.
Mr. Dreeben argues that a video poker license is property for both the state and the licensee.
Official sources for this section
- Official Supreme Court Transcript — file page 17, lines 3-3 — Transcript, file page 17, lines 3-3
- Official Supreme Court Transcript — file page 3, lines 17-43 — Transcript, file page 3, lines 17-43
What the justices asked
Chief Justice Rehnquist asked if the case is submitted after the arguments concluded.
Official sources for this section
- Official Supreme Court Transcript — file page 45, lines 29-31 — Transcript, file page 45, lines 29-31
Why it matters
This case defines the reach of federal fraud laws. It determines whether government licenses trigger federal criminal jurisdiction. The outcome shapes how prosecutors charge fraud involving state-issued permits.
Official sources for this section
- Official Supreme Court Transcript — file page 17, lines 3-3 — Transcript, file page 17, lines 3-3
- Official Supreme Court Transcript — file page 3, lines 17-43 — Transcript, file page 3, lines 17-43
What happens next
This article currently covers the argument record. Use the official docket link for later case activity.
Official sources for this section
- Official Supreme Court Transcript — file page 3, lines 5-15 — Transcript, file page 3, lines 5-15
- Official Supreme Court Transcript — file page 45, lines 29-31 — Transcript, file page 45, lines 29-31
Official Court provenance
Official docket and case history · Official Supreme Court oral-argument detail page
Title and summary sources
- Official Supreme Court Transcript — file page 17, lines 3-3 — Transcript, file page 17, lines 3-3
- Official Supreme Court Transcript — file page 3, lines 17-43 — Transcript, file page 3, lines 17-43
- Official Supreme Court Transcript — file page 17, lines 3-3 — Transcript, file page 17, lines 3-3
- Official Supreme Court Transcript — file page 3, lines 17-43 — Transcript, file page 3, lines 17-43
Revision history
- Revision 1 · Official Transcript ·
Correction: Rewritten to the concise citizen-facing editorial standard.
- Revision 2 · Official Transcript ·
Correction: Migrated to the dated official Court activity contract without model use.