The Future of the Klein Conspiracy Doctrine: Is Its Demise Imminent?

Thursday, April 10, 2025
1:00 p.m. to 2:00 p.m. Eastern
12:00 p.m. to 1:00 p.m. Central
11:00 a.m. to 12:00 p.m. Mountain
10:00 a.m. to 11:00 a.m. Pacific

About the Program

For decades, the government has relied on Section 371 of Title 18 to prosecute a wide range of offenses, including insider trading. The first prong of Section 371 is straightforward and covers conspiracies to commit an offense against the United States. The second prong, which prohibits conspiracies to defraud the United States, has given rise to the Klein conspiracy doctrine. Rooted in United States v. Klein, 247 F.2d 908 (1957), this theory interprets Section 371 as prohibiting conduct that interferes with federal government functions through deception and has been interpreted broadly. While the Second Circuit has cast doubt on the doctrine’s validity, it remains a favored prosecutorial tool.

Recent Supreme Court decisions suggest that the Klein doctrine may be vulnerable to constitutional challenges, particularly on vagueness and overbreadth grounds. Join Seyfarth’s White Collar Defense & Investigations team as we explore Section 371 and the potential future of the Klein conspiracy doctrine on federal prosecutions.

Webinar Highlights:

What is a Klein conspiracy, and what are its elements?
How has the government applied the doctrine broadly in prosecutions?
Section 371 and insider trading cases
Key Supreme Court decisions that could impact the doctrine
The potential for a challenge to Klein conspiracy prosecutions

Speakers

Ellen Murphy, Partner, Seyfarth Shaw LLP
Scott Morvillo, Partner, Seyfarth Shaw LLP
Richard Morvillo, Counsel, Seyfarth Shaw LLP

If you have any questions, please contact Sadie Jay at sjay@seyfarth.com and reference this event.

To comply with State CLE Requirements, CLE forms requesting credit in IL or CA must be received before the end of the month in which the program took place. Credit will not be issued for forms received after such date. For all other jurisdictions forms must be submitted within 10 business days of the program taking place or we will not be able to process the request.

Our live programming is accredited for CLE in CA, IL, and NY (for both newly admitted and experienced). Credit will be applied as requested, but cannot be guaranteed for TX, NJ, GA, NC and WA. The following jurisdictions may accept reciprocal credit with our accredited states, and individuals can use the certificate they receive to gain CLE credit therein: AZ, AR, CT, HI and ME. For all other jurisdictions, a general certificate of attendance and the necessary materials will be issued that can be used for self-application. CLE decisions are made by each local board, and can take up to 12 weeks to process. If you have questions about jurisdictions, please email CLE@seyfarth.com.

Please note that programming under 60 minutes of CLE content is not eligible for credit in GA. programs that are not open to the public are not eligible for credit in NC.