Farraj worked at a law firm that represented plaintiffs in a suit against tobacco companies. Plaintiffs’ lawyers prepared a trial plan over 400 pages long that included strategy, deposition summaries, and lists of exhibits to be used. Farraj, accessing the plan on secure computers at the law firm, e-mailed 80 pages of the plan to defense attorneys and offered to sell them the entire plan. The FBI was brought in to pose as a defense attorney to arrange the purchase.

Farraj was charged with transporting stolen property across state lines. He moved to have the charge dismissed, contending the content of an e-mail is not “property.” He transmitted information, not goods. Do you think that position correct? [U.S. v. Farraj, 142 F.Supp.2d 484, S.D. NY. (2001)]