No. 25-7515October Term 2025Before Arguments
Robert J. Jesenik, Petitioner v. United States
from the United States Court of Appeals for the Ninth Circuit.
Case status
- Current stage
- Before Arguments
- Latest event
- Accepted by the Court
- Decision timing
- No window until argument is scheduled.
- What it's about
from the United States Court of Appeals for the Ninth Circuit.
Question presented
Whether the Ninth Circuit’s “prophylactic” “bright-line rule” that precludes a defendant’s use of investor behavior evidence to prevent “victim blaming,” even when such evidence is highly relevant to materiality and other elements of wire fraud, is inconsistent with this Court’s precedent, other circuits that follow the Court’s precedent, and the defendant’s due process rights.
- Case path
United States Court of Appeals for the Ninth Circuit / Accepted by the Court
- Area
Supreme Court case awaiting argument
Timing
Expected by late June 2026, if argued this term
The Court granted review but has not yet scheduled oral argument. Once argued, the median case reaches a decision in 94 days. Nearly all cases are decided by the end of the term in which they are argued.
Briefing
What it's about
Robert J. Jesenik is asking the Supreme Court to review a Ninth Circuit rule that bars a wire fraud defendant from using investor-behavior evidence to avoid what the lower court described as "victim blaming." He argues that this evidence can be highly relevant to materiality (whether a statement mattered enough under fraud law) and other elements of the case.
Argument
Oral argument has not been scheduled. The petition says investor behavior can be highly relevant to materiality and argues the Ninth Circuit's bright-line rule wrongly blocks that evidence.
Impact
The dispute could affect what evidence juries hear in federal fraud trials. For example, a defendant accused of misleading investors may want to use investor reactions to argue the statement was not important enough to support a wire fraud charge.
What is Robert J. Jesenik v. United States about?
It challenges a Ninth Circuit rule that keeps a wire fraud defendant from using some investor-behavior evidence. The petition says that evidence can matter to materiality and due process.
Who could be affected if the Court takes Jesenik?
People charged in federal fraud cases, plus prosecutors and investors, could be affected. The issue is what evidence juries may hear about whether a statement really mattered.
What happens next in Jesenik?
Nothing is scheduled yet at the Supreme Court. Watch for oral argument or another scheduling move from the Court.
Related cases
Grounding
- Grounding
- Primary materials plus reporting.
- Note
- Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
- Checked
- Jul 17, 2026
- Method
- Methodology