neochart v2 research

cases/18usc1341/f3d-913-332-us-v-hird.case

Source: cases/18usc1341/f3d-913-332-us-v-hird.case

Case source: https://www.neochart.com/catalog/cases/f3d/volume_913/0332_01/index.html

Verbatim annotated passages

Under Pasquantino , then, traffic tickets (or more precisely, judgments arising from them) are considered an "entitlement to collect money from individuals, the possession of which is 'something of value.' "
We conclude that, as alleged, this scheme had the objective of preventing the City of Philadelphia and the Commonwealth of Pennsylvania from possessing a lawful entitlement to collect money in the form of fines and costs-a property interest-from individuals who Alfano and Hird assisted.

Exact source text

casedsl 1.2

# author: Flash3 (gemini-3.8-flash-high)
# triaged-by: Fable (2026-11-10)
case /f3d/913/0332-01
  name    United States v. Hird
  cite    913 F.3d 332 (2019)
  court   United States Court of Appeals for the Third Circuit
  date    2019-01-18
  url     catalog/cases/f3d/volume_913/0332_01/index.html
  source  ir/caselaw/f3d_913.jsonl sha1=01197d76f5e499152863efcc83fff3661afc7040 chars=60000

# single opinion (Nygaard, J.); its footnotes are appended from @55923 and belong to the same opinion. The IR text is capped at 60000 chars (later footnotes cut off).
opinion op : majority by Nygaard @0..60000 controlling
party p1 : William Hird (Traffic Court administrator) and Henry Alfano (private citizen)
count c1 : mail fraud counts pleaded to (Alfano 51-56, Hird 58-60), Philadelphia Traffic Court ticket-fixing

law 18usc1341
  role    applied
  posture criminal appeal after conditional guilty pleas to conspiracy, wire fraud and mail fraud; denial of Rule 12(b)(3)(B)(v) motion to dismiss the indictment (no "money or property" object) reviewed de novo on the indictment's allegations and affirmed. Co-appellants' perjury / false-statement convictions are not section 1341 matters.
  result  claimant-won

element property : satisfied [pleaded]
  party   p1
  count   c1
  route   money-or-entitlement
  pattern ticket-fixing to obviate traffic-court judgments that would impose statutory fines and costs due to city and state
  fact @7543..7739 [supports] | In acceding to requests for "consideration," defendants were depriving the City of Philadelphia and the Commonwealth of Pennsylvania of money which would have been properly due as fines and costs.
  fact @15630..15853 [supports] | In contrast, the indictment here explicitly states that the scheme deprived the City and the Commonwealth of money, and it describes the object of the scheme as obviating judgments of guilt that imposed the fines and costs.
  fact @23884..24002 [supports] | The Motor Vehicle Code imposes fines and costs for each violation, eliminating any judicial discretion in this regard.
  fact @17883..17972 [cuts-against] | None of the cases directly associated with Alfano and Hird resulted in a guilty judgment.
  rule @22728..22935 | Under Pasquantino , then, traffic tickets (or more precisely, judgments arising from them) are considered an "entitlement to collect money from individuals, the possession of which is 'something of value.' "
  held @24109..24396 | We conclude that, as alleged, this scheme had the objective of preventing the City of Philadelphia and the Commonwealth of Pennsylvania from possessing a lawful entitlement to collect money in the form of fines and costs-a property interest-from individuals who Alfano and Hird assisted.
  gloss   Fines and costs imposed by judicial judgment are money legally due (Pasquantino), not a purely regulatory interest (Cleveland distinguished); the absence of any guilty judgment is no answer because the scheme's object was to prevent such judgments. Facts are the indictment's allegations, taken as true.

misfit The only section 1341 question reserved by the plea agreements was the property object; deception / scheme, intent, mailing and furtherance were not contested and are not recorded.