Legal Opinion

United States v. Alkaabi

District Court, D. New Jersey

Decided September 23, 2002No. Criminal Action 02-370, 02-395PublishedCited by 11 opinions

1Opinion of the Court

OPINION

ORLOFSKY, District Judge.

These cases present a novel question of law under the federal mail fraud statute, 18 U.S.C. § 1341 (2002). Specifically, does an alleged scheme to deprive the Educational Testing Service, Inc. (“ETS”) of an “interest in maintaining the integrity of the testing process” constitute a deprivation of property, within the meaning of the mail fraud statute? For the reasons discussed below, I conclude that ETS’s alleged property interest is not a traditional property interest cognizable under the mail fraud statute. Accordingly, I shall grant the motions of…

2Cases cited27 opinions

  1. United States v. CottonSupreme Court of the United States · 2002
  2. Stirone v. United StatesSupreme Court of the United States · 1960
  3. College Savings Bank v. Florida Prepaid Postsecondary Education Expense BoardSupreme Court of the United States · 1999
  4. McNally v. United StatesSupreme Court of the United States · 1987
  5. Crandon v. United StatesSupreme Court of the United States · 1990

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3Cited by11 opinions

  1. United States v. SchiffCourt of Appeals for the Third Circuit · 2010
  2. United States v. AlsugairDistrict Court, D. New Jersey · 2003
  3. BERNARD v. COSBYDistrict Court, D. New Jersey · 2022
  4. C.P. v. NEW JERSEY DEPARTMENT OF EDUCATIONDistrict Court, D. New Jersey · 2019
  5. DWELLING PLACE NETWORK v. MURPHYDistrict Court, D. New Jersey · 2020

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