United States v. D'Alessio

OPINION

SAROKIN, District Judge.

Introduction

One would consider it a given that the solicitation of private gifts by a public official would be a crime; and certainly that a misrepresentation as to the purpose of those gifts would make it more so. There can be little doubt that soliciting funds purportedly for campaign purposes with the intent of using them personally is a fraud — and using the mails for that purpose is mail fraud. But surprisingly the first premise is not so clear. Apparently, there are circumstances in New Jersey under which neither the solicitation nor the receipt of a gift…