Can the government bring criminal fraud charges for a transaction where the alleged victim obtains the goods or services for which they paid? On Dec. 9, 2024, the U.S. Supreme Court heard oral argument in Kousisis v. United States to help answer this question. The case is the latest in a series of opinions that confront—and largely limit—the reach of federal criminal statutes.

While the justices presented a myriad of hypotheticals to the attorneys, they did not give a clear indication of the direction that the court is likely to take. Regardless of the outcome, the case is sure to further impact the way federal prosecutors in a new administration use the mail and wire fraud statutes.