Supreme Court justices could decide this month whether the Alain Kaloyeros case merits further consideration

ALBANY — The U.S. Supreme Court could decide by the end of the month whether to consider a request by Albany Nanotech founder Alain Kaloyeros to overturn his 2018 wire fraud conviction.

The court revealed on Tuesday that it had distributed copies of Kaloyeros’ petition, known as the writ of certiorari, to the court’s nine judges for discussion at their June 23 conference, when the judges meet in private to discuss the cases to be examined.

Kaloyeros, 66, was arrested in 2016 and charged with wire fraud in a sensational bid-rigging scheme involving two upstate construction companies whose executives were campaign donors to former Governor Andrew Cuomo .

At least four judges must agree to take a case, and typically only 1% of all requests for certiorari are granted each session, so the likelihood of such review being granted is extremely low.

The June 23 conference is the last scheduled for the current session before the summer holidays. The tribunal renders its conference decisions on the Monday following the meetings.

This means that Kaloyeros, who has been serving a 42-month prison sentence for four months in a minimum-security prison camp in southern Otisville State, could find out as early as June 27 whether or not his case will be heard by the highest court in the land.

Kaloyeros filed his petition with the Supreme Court in February after previous appeals to the Manhattan Court of Appeals for the Second Circuit failed.

On June 27, the last Monday in June, the court could announce that it has denied or granted the motion – or it could say that it needs more time to review and discuss the case, in which case it would schedule it for again for his next conference. .

However, due to the tribunal’s impending summer recess, the next conference will be held in the fall when the tribunal resumes its sessions.

During the trial in U.S. District Court in Manhattan, prosecutors showed Kaloyeros worked with two upstate contractors, whose executives were generous campaign donors to Cuomo, to secure $1 billion in contracts of high-tech construction with Albany Nanotech.

Although federal prosecutors were unable to prove that Kaloyeros profited from the scheme, they were able to convince the jury that Kaloyeros misled the board of directors of an Albany Nanotech nonprofit called Fort Schuyler Management Corp. by choosing the two companies, LPCiminelli of Buffalo and COR Development. of Syracuse.

Developers won exclusive rights to negotiate with the state to build new high-tech manufacturing facilities in Buffalo and suburban Syracuse under a program Cuomo called the “Buffalo Billion.”

Kaloyeros is asking the United States Supreme Court to reconsider his case because he was convicted under a theory of wire fraud known as the “right to control” which does not involve money or ownership but control of economic or financial information.

The Second Circuit, where Kaloyeros was tried, is one of the only appellate courts to recognize the “right to control” theory, and Kaloyeros is asking the Supreme Court to step in and clarify the matter, hoping that the judges rule the theory invalid. and reconsider his conviction.

In responding to Kaloyeros’ petition, the Justice Department tried to convince the court that it did not need to reconsider the case.

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