U.S. v Girard
U.S. Ct. App, 1979
Author:- Sam Biers

Facts: Girard was a former agent with the DEA.  DF discussed with an individual, later to be an informant, the possibility of flying a plane load of marijuana into the U.S. from Mexico.  The informant wanted to secure a computer printout of names of 4 actors involved showing their status with DEA.  DEA induced this individual to become an informant against Girard to identify the inside person providing the information.  Girard charged $500 per name.

Issue: Whether the government’s computerized information can be defined as a thing of value?

Holding: Yes

Procedure: Girard and Lambert were convicted of unauthorized sale of government property and conspiracy to accomplish sale.  Dist Ct. conviction are Affirmed.

Rule: Whoever without authorization sells any record, ....or thing of value of the United States or who receives the same with intent to convert it to his use or gain, knowing it to have been embezzled, stolen, purloined, or converted shall be guilty of a crime.

Ct Rationale:  A thing of value has been historically defined to include amusement, sexual intercourse, promise to reinstate employee, agreement not to run for re-election, or the testimony of a witness.  Although the contents of a writing are intangible, it is nonetheless a thing of value.  The DF sold the information for $500 and the DEA has a property interest in the records under its custody that is seeks to protect.

PL A:   The DF conspired and sold DEA computer records for their own personal gain when they knew the data belonged to the DEA.

Def A: The statute covers only tangible property or documents, the computer data is not tangible.

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