
Karen Woody Publishes Article in SMU Law Review Prof. Karen Woody, along with coauthor Joshua Clardy ‘22L, published an article examining the definition of property in relation to federal fraud statutes.
Washington and Lee law professor Karen Woody, along with recent law graduate Joshua Clardy ‘22L, has published an article in the SMU Law Review. The article, “Title 18’s Property Conundrum,” provides the first in depth look at the progeny of Title 18 property decisions by the Supreme Court, outlines the inconsistencies, and offers a variety of implications for the checkered understanding of property across the past few decades.
“‘Property,’ in legal terms, carries significant weight. Once an object is heralded as ‘property,’ that object becomes a step closer to being afforded the protections of the Constitution, offered equitable remedies at a court’s disposal, or even subjected to taxation by the state or federal government. Defining an object as “property” also puts it within the reach of the Title 18 property fraud statutes. Title 18’s fraud statutes have been often lauded by federal prosecutors for their “extraordinary utility.” In their current iteration, these statutes criminalize schemes to defraud “money,” “property,” and “the intangible right of honest services.” But what exactly constitutes “property”? As simple as the question may appear, it is not so easily answered by jurists, scholars, and practitioners. Of course, one can proffer objects like land or something more generic like “goods” as obvious answers. But the simplicity of the question evaporates when it is asked in relation to a criminal statute. Surprisingly, we are left with the maxim that property is what “the law declares to be property,” rendering a vagueness that should be antithetical to criminal law and statutes. Therein lies the conundrum. Title 18’s “property” conundrum, however, isn’t simply a catchy rhetorical quip; rather, it is a Gordian knot tied by decades of federal jurisprudence,” the authors write.
The article is available online at the W&L Law Scholarly Commons.
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