United States, 265 U.S. 182, 188, 44 S.Ct. 511, 512, 68 L.Ed. 968 (1924)). The concept of deprivation means obtaining property with an intent not to pay as opposed to mere failure to pay. The question then becomes whether Porcelli intended to deprive New York of its property. Intangible interests have long been recognized and protected as property. E.g., Ruckelskaus v. Monsanto Co., 467 U.S. 986, 104 S.Ct. 2862, 81 L.Ed.2d 815 (1984) (trade secrets); United States v. General Motors Corp,, 323 U.S. 373, 65 S.Ct. 357, 89 L.Ed. 311 (1945) (long term lease). Any suggestion that McNally might exclude all intangible interest from the scope of section 1341 (or its wire fraud companion, section 1343) was dispelled by Carpenter v. United States, 484 U.S. 19, 108 S.Ct. 316, 98 L.Ed.2d 275 (1987) (<HOLDING>). Thus the fact that New York’s interest in
holding that the information is not protected by attorneyclient privilege holding that plaintiff could state a claim for conversion of confidential information holding records did not qualify as exempt confidential commercial information under exemption 4 because the information was not actually confidential recognizing medical records contain the same protected confidential information as a physicians direct testimony about the communications holding that confidential business information is property protected by the mail and wire fraud statutes