As fans of One First Street surely know, the Supreme Court’s October 2023 term is well underway. Unlike previous years, the court’s docket does not currently contain a case that presents a substantive question of white-collar criminal law, but white-collar lawyers should not despair. The docket is a work-in-progress and there are still plenty of cases that should be of interest to lawyers practicing in the white-collar space. Below, we recap Culley v. Marshall, a recently-heard forfeiture matter; preview SEC v. Jarkesy and McElrath v. Georgia, which should be of interest to criminal defense lawyers of all stripes; and detail two certiorari petitions that white-collar lawyers should keep an eye on to see if the court will continue its trend of hearing cases that enable it to pare back aggressive prosecutorial theories.

Recently Argued

‘Culley v. Marshall’

The court heard oral arguments in Culley v. Marshall on Oct. 30, 2023. In Culley, the court will decide which legal test should be used to determine what process is due after property is seized by law enforcement in anticipation of civil forfeiture.