Cite as: 598 U. S. ____ (2023)
3
Syllabus
mere information as the protected interest, the right-to-control theory vastly expands federal jurisdiction to an almost limitless variety of deceptive actions traditionally left to State law. Pp. 4–9.
(b) Despite relying exclusively on the right-to-control theory before the grand jury, District Court, and Second Circuit, the Government now concedes that the theory as articulated below is erroneous. Yet, the Government insists that the Court can affirm Ciminelli’s convictions by applying facts presented to the jury below to the elements of a different wire fraud theory. The Court declines the Government’s request, which would require the Court to assume not only the function of a court of first view, but also of a jury. See McCormick v. United States, 500 U. S. 257, 270–271, n. 8. Pp. 9–10.
13 F. 4th 158, reversed and remanded.
