Bridge Scandal Prosecutors May Use Fraud Law to Charge Christie Associates
Federal prosecutors investigating the lane closings at the George Washington Bridge last year are considering charges based on a rarely used provision of a fraud statute, under which they could argue that associates of Gov. Chris Christie of New Jersey used the bridge for a purpose other than its intended one, according to people close to the case.
The statute can be used against members of any government agency that receives more than $10,000 a year in federal money — which could include the state, or the Port Authority of New York and New Jersey, which operates the bridge — and it is typically used to elevate offenses committed by local officials into federal crimes.
People close to the case say prosecutors have not settled on a legal theory for any charges. But even identifying a possible theory is significant; a big question since the United States attorney in New Jersey began investigating the bridge scandal in January has been whether the lane closings violated any federal law. While one possible chain of events would be to charge people involved with official misconduct, that is a state, not a federal, crime.
The statute, Section 666 of Title 18 of the United States Code, concerning theft or bribery in programs receiving federal funds, is commonly used in cases of fraud or embezzlement. But it would be novel, if not unprecedented in New Jersey, for prosecutors to bring charges using the particular clause of the statute being examined in this case, against anyone who “intentionally misapplies property” under the control of the agency
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