President ial bid. They used a wire fraud statute to prosecute kelly for the political revenge plot. Once again the government is trying to use the open ended federal fraud statutes to enforce honest government at the state and local levels. Its theory this time is that the defendants committed property fraud, by reallocating two traffic lanes from one public road to another, without disclosing their real political reason for doing so. This theory turns the integrate of every official action at every level of government into a potential federal fraud investigation. It ends runs mcnally and skilling by subsuming on a Services Fraud within property fraud and by criminalize ulterior motives even without bribes or kick backs. Would affect the criminal jurisdiction in a fraught area. Not the law. This court in cleveland held that Regulatory Authority is not property. So an official who induces a sovereign decision through deceit has not obtained property by fraud. Only when the official lie
This theory turns the integrate of every official action at every level of government into a potential federal fraud investigation. It ends runs mcnally and skilling by subsuming on a Services Fraud within property fraud and by criminalize ulterior motives even without bribes or kick backs. Would affect the criminal jurisdiction in a fraught area. Not the law. This court in cleveland held that Regulatory Authority is not property. So an official who induces a sovereign decision through deceit has not obtained property by fraud. Only when the official lies to divert state resources to private use has he stepped outside the regulatory rachael and committed property fraud. This recall distinguishes property fraud from services proud and from routine hit cal conduct. Political don duct. Here because the defendant reallocated the traffic lanes from one public use to another, the Port Authority at most was deprived of regulatory control, not property. And thats true regardless of whether as
Commissioner ronen . Ronen absent. Commissioner safai . Safai absent. Commissioner walton . Present. Commissioner yee . Present. Yee present. We have quorum. Thank you, mr. Quintanilla. Could you please call the next item. Clerk item number. Citizens advisory report. Commissioner stefani is amongst us. Mr. Larson. Good morning, chair peskin, vice chair mandelman and commissioners. Im here to report on the november 20th meeting of the c. A. C. Starting with item 5, allocation of 3. 3 million for better Market Street. Critical to the success of the project. Smta noted the project working group, which included business along Market Street and the planned turnaround. As well as coordinating with developers on large projects for midmarket. C. A. C. Members also reacted favorably to the elimination of private vehicle traffic on all of Market Street, in the project area below 10th street. Seeing this as an advantage to reducing congestion and moving transit in this crowded area. The c. A. C.
Ronen absent. Commissioner safai . Safai absent. Commissioner walton . Present. Commissioner yee . Present. Yee present. We have quorum. Thank you, mr. Quintanilla. Could you please call the next item. Clerk item number. Citizens advisory report. Commissioner stefani is amongst us. Mr. Larson. Good morning, chair peskin, vice chair mandelman and commissioners. Im here to report on the november 20th meeting of the c. A. C. Starting with item 5, allocation of 3. 3 million for better Market Street. Critical to the success of the project. Smta noted the project working group, which included business along Market Street and the planned turnaround. As well as coordinating with developers on large projects for midmarket. C. A. C. Members also reacted favorably to the elimination of private vehicle traffic on all of Market Street, in the project area below 10th street. Seeing this as an advantage to reducing congestion and moving transit in this crowded area. The c. A. C. Recommended approval
Commissioner ronen . Ronen absent. Commissioner safai . Safai absent. Commissioner walton . Present. Commissioner yee . Present. Yee present. We have quorum. Thank you, mr. Quintanilla. Could you please call the next item. Clerk item number. Citizens advisory report. Commissioner stefani is amongst us. Mr. Larson. Good morning, chair peskin, vice chair mandelman and commissioners. Im here to report on the november 20th meeting of the c. A. C. Starting with item 5, allocation of 3. 3 million for better Market Street. Critical to the success of the project. Smta noted the project working group, which included business along Market Street and the planned turnaround. As well as coordinating with developers on large projects for midmarket. C. A. C. Members also reacted favorably to the elimination of private vehicle traffic on all of Market Street, in the project area below 10th street. Seeing this as an advantage to reducing congestion and moving transit in this crowded area. The c. A. C.