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
Ill come back if i have more. Thank you. Commissioner fung. Question for staff. If the Data Collection is at the crux of the nexus study, what is there a detailed list of the data that is required . I didnt very much in the brief or legislation. It has a specific detail hasnt been form ey formulated e would want to know a location. Anything perhaps the price approximates, thiprices, thelend between rents that hasnt been nailed down and we should slow any permanent controls down before we get the data. One of the important things would be based on current standards is whether its an affordable unit or not. Because i think any type of legislation, final legislation would be different depending upon how that nexus occurs. Last question would be, this interim is up to 24 months. Is it required that long . Its not required. I think the different interim controls start out the gate at different maximum durations and then for example, i think it would be for 45 days but a lesser control i und
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
I the afternoon we are going to warm up to the 50s and 60s, low 60s in some areas. And, it is going to stay dry really throughout the day. I will have a look at what is k strikes midnight coming up. Christina. Heres a quick look at the bay area roadways, sal is on vacation as well. So were going to give you a quick look at the bay bridge toll plaza. Smooth sailing this morning im a little bit of a backup coming out off of a. D. D. Other than that no problems whatsoever, at 431 this morning. Lets check in on the drive from the north bay into the city. Here is a look at the golden gate bridge. Not too many cars either. Still early this morning, 4 31 as we mentioned. Pretty clear on this new years morning. A reminder for drivers today as it does every single holiday the chp webex officers out on the road to make sure everyone stays safe. Theyll be looking for drunk drivers as well as people who speed or engage in other dangerous behavior. The maximum enforcement. Starts at 6 00 morrow nig
It is a cool morning, 41 degrees and santa rosa and san jose, 45 degrees in oakland and 40 degrees in livermore, i will have more on your new years eve forecast coming up. Here is a quick look at the bay area roadways. That is highway 24 in lafayette, that is looking good in both directions, so if you do have to work today, it looks like some people are up and they do have to go to work if they are on 24, heading to the east bay, you are looking just fine this morning. There is the approach to the toll bridge, bay bridge toll plaza right there, a few more cars coming in, and 880 and oakland, going right by the coliseum, down the interstate right now. Several bay areas are celebrating to make your new years eve fun, caltrain, the transit, bta are also providing rights. They are still charging fares, and charging by more than 5 starts tomorrow. We are following breaking news, thousands of angry protesters gathered outside of the u. S. Embassy and the group that made it inside the compoun