When does playing politics become criminal? Two lower courts in our area have held that there is a breaking point. In Kelly v. United States, the court must decide whether a public official who takes an official action motivated by political retribution violates federal fraud statutes.

This matter begins with the 2013 gubernatorial election in New Jersey. Members of the Governor’s Office were looking ahead to the election and, in particular, shoring up support for the incumbent governor, Chris Christie. Specifically, the Governor’s Office sought the endorsement of the mayor of Fort Lee. A town of approximately 35,000 residents, Fort Lee is situated along the Hudson River and connected to New York City by the George Washington Bridge. When the Governor’s Office was unable to secure the endorsement of Fort Lee’s mayor, a revenge plot was hatched.