United States v. Hird

913 F.3d 332 (2019) United States Court of Appeals for the Third Circuit 2019-01-18

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)

Facts

  1. 2 Traditional money or property as an object satisfied pleaded
    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.
  2. 2 Traditional money or property as an object satisfied pleaded
    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.
  3. 2 Traditional money or property as an object satisfied pleaded
    None of the cases directly associated with Alfano and Hird resulted in a guilty judgment.
  4. 2 Traditional money or property as an object satisfied pleaded
    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.' "
  5. 2 Traditional money or property as an object satisfied pleaded
    The Motor Vehicle Code imposes fines and costs for each violation, eliminating any judicial discretion in this regard.
  6. 2 Traditional money or property as an object satisfied pleaded
    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.