Lawyers for Thomas Goldstein, a prominent U.S. Supreme Court attorney, filed an opening brief on Thursday, September 10, 2026, asking a federal appeals court to overturn his conviction for tax and mortgage fraud. The filing with the Richmond, Virginia-based 4th U.S. Circuit Court of Appeals argues that the trial court excluded vital evidence and provided incorrect legal instructions to the jury.
Goldstein was sentenced in July 2026 to six years in prison following a trial in Greenbelt, Maryland. The case involved allegations that he failed to report millions of dollars in winnings from high-stakes poker, made false statements on home mortgage applications, and made improper payments through his law firm, Goldstein & Russell, P.C. While Goldstein admitted during the trial that he should have paid closer attention to his tax returns, he denied intentionally violating federal laws.
In the appellate brief, Goldstein’s legal team claimed the government decided to secure a conviction regardless of the facts or law. The attorneys alleged that prosecutors did not disclose some evidence from meetings with a key witness and excluded text messages that Goldstein said could have aided the defense. Additionally, they argued the trial judge failed to specify all required legal elements of the charges during jury instructions. The prosecutor’s office declined to comment on the filing.
The outcome of this appeal affects Thomas Goldstein, a 55-year-old attorney who co-founded the legal website SCOTUSblog and argued more than 40 cases before the U.S. Supreme Court. His conviction followed evidence that he concealed millions of dollars in gambling income and debts between 2016 and 2023. According to prosecutors, he omitted more than $14 million in liabilities when applying for a $1.98 million loan to purchase a $2.6 million home in Washington, D.C.
According to trial evidence, Goldstein directed that legal fees be paid to creditors or personal accounts and falsely classified firm assets as legal-fee expenses. The investigation involved the Internal Revenue Service (IRS) and the FBI.
Goldstein remains in custody while his appeal proceeds, though his lawyers have requested his release pending the court's decision. The 4th U.S. Circuit Court of Appeals will now review the arguments presented in the brief. Future steps include the government's response to the brief and potential oral arguments. The appellate court has the authority to uphold the conviction, order a new trial, or overturn the verdict.