No. IN THE Supreme Court of the United States ———— SHELDON SILVER, Petitioner, v. UNITED STATES OF AMERICA, Respondent. ———— On Petition for a Writ of Certiorari to the United States Court of Appeals for the Second Circuit ———— PETITION FOR A WRIT OF CERTIORARI ———— JOEL COHEN STEVEN F. MOLO STROOCK & STROOCK Counsel of Record & LAVAN LLP ROBERT K. KRY 180 Maiden Lane JUSTIN V. SHUR New York, New York 10038 MOLOLAMKEN LLP (212) 806-5644 430 Park Avenue New York, New York 10022 (212) 607-8160
[email protected] Counsel for Petitioner WILSON-EPES PRINTING CO., INC. – (202) 789-0096 – WASHINGTON, D.C. 20002 QUESTIONS PRESENTED Section 1957 of Title 18, United States Code, prohibits “knowingly engag[ing] or attempt[ing] to engage in a monetary transaction in criminally derived property of a value greater than $10,000 [that] is derived from speci- fied unlawful activity.” 18 U.S.C. §1957(a). The ques- tions presented are: 1. Whether §1957 requires the Government to trace funds in a transaction involving a withdrawal from a com- mingled account, precluding a conviction where the ac- count contains sufficient clean funds to cover the transfer. 2. Whether the court of appeals contravened this Court’s decisions in Sekhar v. United States, 133 S. Ct. 2720 (2013), and Skilling v. United States, 561 U.S. 358 (2010), by finding sufficient evidence to support Mr. Sil- ver’s convictions for extortion and honest services fraud. (i) ii PARTIES TO THE PROCEEDINGS BELOW Petitioner Sheldon Silver was defendant in the district court and appellant in the court of appeals.