United States v. Telink, Inc.

MEMORANDUM DECISION AND ORDER

The government’s motion for reconsideration and for order setting aside dismissal of the indictment came on for hearing November 18,1988, before the Honorable Earl B. Gilliam. The government was represented by Lantz Lewis; defendants were represented by Christopher J. Schatz, Mario G. Conte, Frank T. Vecchione, George C. Boisseau, Andrew M. Stein, Frank V. Gre-gorcich, Frank J. Ragen, Stephen E. Hurst, and J. William Beard. At the hearing, the parties’ arguments focused on whether the government had alleged that defendants had defrauded the County of San Diego of a property right within the meaning of the federal mail fraud statute, 18 U.S.C. § 1341 (1982). At the conclusion of the hearing, the court reserved its ruling and informed the parties that it would issue a written opinion. Having considered the points and authorities and oral argument of counsel, the court issues this memorandum decision.

FACTS

Defendants, numerous individuals and two corporations, have been indicted in a forty-six count indictment. The crimes defendants are charged with include mail fraud and wire fraud. The indictment alleges that defendants received kickbacks and…