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BCLP Partner Andrey Spektor’s insight was referenced Jan. 3 by Law360 in an article that examined an appeal in one of the “Varsity Blues” cases. The cases centered on the highly-publicized college admissions scandal involving many wealthy parents who allegedly obtained admission slots for their children through illicit means. The article addressed the portion of the appeal that sought to attack federal prosecutors’ legal theory that test scores and college admissions slots count as property for purposes of wire fraud—a question that has split judges in the Boston federal court. The differing opinions highlight the complexity of the legal question, noted Andrey, a former federal prosecutor, who has published on the topic. He pointed to the Supreme Court's unanimous 2020 decision in Kelly v. United States overturning the convictions in the Bridgegate saga on the grounds that a plot to close lanes on the George Washington Bridge was not intended to obtain money or property. The high court, which wiped out the unanimous opinion of a Third Circuit panel, warned the government not to use the fraud statute to prosecute every alleged lie a state official tells, or else the law would enable "a sweeping expansion of federal criminal jurisdiction."

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