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

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

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